;-NRLF 


PUBLIC 


SCHOOL  LAWS 


OF 


•J 

TENNESSEE 


TOGETHER  WITH  LEADING   DECISIONS  OF    THE   SUPREME 

COURT,   EXPLANATORY   NOTES  AND   AMENDMENTS 

MADE  BY  GENERAL  ASSEMBLIES. 


TO  JUNE  THIRTIETH 
1915 


SAMUEL  W.  SHERRILL, 

State  Superintendent  of  Public  Instruction. 

ISABEL  HAYES, 

Chief  Ckrk. 


GIFT   OF 


PUBLIC 
SCHOOL  LAWS 


OF 


TENNESSEE 


TOGETHER   WITH  LEADING  DECISIONS   OF    THE   SUPREME 

COURT,   EXPLANATORY  NOTES  AND   AMENDMENTS 

MADE  BY  GENERAL  ASSEMBLIES. 


TO  JUNE  THIRTIETH 
1915 


SAMUEL  W.  SHERRILL, 

State  Superintendent  of  Public  Instruction. 

ISABEL:  HAYESV 

Chief  Cl^ •••/:;;  >  ; 


NASHVILLE,  TENN. 

PRESS  OF  BAIRD-WARD  PRINTING  CO. 
1916 


V 

^ 


Reprint  of  the  1914  Edition  of  the  School  Laws, — with 
Appendix  containing  all  the  general  school  legislation  passed 
by  the  1915  Legislature. 

S.  W.  SHERRILL, 

•SVafe  Superintendent, 
April  3,  1916. 


The  Public  School  Laws  of  Tennessee, 


TOGETHER  WITH 


Leading  Decisions  of  the  Supreme  Court,  and 
Explanatory  Notes. 


[ALL  PARTS  OF  LAWS  PRINTED  IN  ITALICS  HAVE  BEEN 
ADDED  BY  AMENDMENT.] 


SECTION  1.     There  shall  be  established  and  maintained,   25?3'syst?m?P* 
in  this  State,  a  uniform  system  of  public  schools. 

SEC.  2.     (1)  The  public  school  system  shall  be  adminis-  gj3-      chap' 
tered  by  the  following  authorities,  to-wit:  A  State  Superin- 
tendent, County  Superintendents,  and  District  Directors. 

11  In  each  county  of  the  State  of  Tennessee  the  office  of  2se!'    countPy 
District  Directors  shall  be  abolished,  and  the  schools  shall  Education. 
be  under  the  management  and  control  of  a  County  Board  of 
Education  and  a  District  Board  of  Advisors." 

(2)  The  public  schools  already  established  in  any  of  the  I!?3'    sec!*!!: 
counties  of  this  State  shall  continue  to  be  managed  and  u^he 
conducted  as  now  prescribed  by  law  until  the  school  officers  to  1873' 
hereby  created  shall  have  been  duly  elected  or  appointed 
and  qualified;   and  the  provisions  of  this  act  shall  not  ap- 
ply  to   them   until   a   County  .Superintendent   of   Public 
Schools  shall  have  been  appointed. 

STATE   SUPERINTENDENT. 

SEC.  3.     The  State  Superintendent  shall  be  a  person  of  Qualifications 
literary  and  scientific  attainments,  and  of  skill  and  experi-  ptrintendent~ 
ence  in  the  art  of  teaching,  and  who  shall  be  nominated  by  flfof018  chap, 
the  Governor  and  confirmed  by  the  Senate. 


38182,, 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 

Te?maof  SEC.  4.  (1)  He  shall  hold  his  office  for  two  years,  un- 
IGSS  removed  as  hereinafter  provided,  and  shall  have  an 
annual  salary  of  $3,000,  to  be  paid  out  of  the  school  money 
in  the  State  Treasury;  and  during  the  term  of  office  he 
shall  devote  his  entire  time  and  attention  to  the  duties 
imposed  by  this  act. 

2591'   MeCmt£       (2)  The  State  Superintendent  of  Public  Instruction  of 
Board?6  Tennessee  shall  be,  ex  officio,  a  member  of  the  State  Board 

of  Education. 
EX  officio.  (3)  Re  shall  algo  be  a  memDer)  ex  Offici0i  of  all  other 

1899.      chap.  State  educational  bodies  or  associations. 
343t  (4)  He  shall  be  Secretary  and  Treasurer  of  the  State  Board 

of  Education. 

(By  Chap.  343,  page  788,  Acts  1889,  the  State  Superintendent  is  made  Secretary  and 
Treasurer  of  the  State  Board  of  Education,  and  Treasurer  of  the  Peabody  Normal 
College  fund.) 

25?3'  Ho^re-  SEC.  5.  He  shall  be  liable  to  removal  from  office  by  the 
Governor  for  misconduct  or  neglect  of  duty;  any  vacancy 
to  be  supplied  by  a  new  appointment  for  the  unexpired 
term;  Provided,  That,  in  the  event  of  any  such  removal, 
the  reasons  for  the  same  shall  be  communicated,  in  writ- 
ing, to  the  Superintendent  thus  displaced,  and  also  to  the 
Senate,  if  in  session,  and,  if  not,  within  ten  days  after  it 
may  next  meet. 

23?3*  officeaai  SEC.  6.  The  office  of  the  State  Superintendent  shall  be 
at  the  capital  of  the  State,  and  a  room  in  the  State  Capi- 
tol may  be  provided  for  that  purpose. 

DUTIES   OF   STATE   SUPERINTENDENT. 

^873.      chap.       SEC   7      The  duties  of  the  Superintendent  shall  be  as 

follows : 

statistics,  ^  -p0  coHect  and  disseminate  statistical  and  other  in- 

formation relating  to  the  public  schools, 
inspection.  ^)  To    make    tours   of    inspection    among    the    public 

schools  throughout  the  State. 

1905.      chap.       ^  rpQ  SUSpenci  tne  schools  of  any  county  for  one  day 
Schosoispefo?  in-  in  each  year,  when  he  may  deem  it  necessary,  upon  giving 
conUfere°nIceand      proper  notice,  and  to  require  all  teachers  and  school  offi- 
cers upon  the  day  so  appointed  to  attend  at  a  designated 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 

hour  and  place  for  the  purpose  of  instruction  and  confer- 
ence, and  all  teachers  attending  such  meeting  or  confer- 
ence under  the  regulations  of  the  State  Superintendent 
shall  receive  a  certificate  of  attendance,  which  shall  entitle 
them  to  receive  pay  for  the  said  day  under  their  respective 
contracts  to  the  same  amount  as  if  their  respective  schools 
had  continued  in  session  for  said  day. 

(4)  To  see   that   the  school   laws  and   regulations  are 
faithfully  executed. 

(5)  To  prepare  and  distribute  blank  forms  for  all  re- 
turns  required  by  law,  or  deemed  by  him  necessary  to  be 
made  by  teachers,  school  officers,   and   County  Superin- 
tendents of  Public  Schools,  for  use  of  the  several  counties. 

(6)  To   have   printed   and   distributed    to   the   County 
Superintendents  and  other  school  officers  as  many  copies 
of  the  school  laws  as  may  be  necessary,  with  appropriate 
forms  and  instructions  for  carrying  said  laws  into  execu- 
tion. 

(7)  To  appoint,  at  his  discretion,  persons  in  each  county 
to  visit  and  examine  all  or  any  of  the  public  schools  there- 
in, and  report  to  him  touching  all  such  matters  as  he  may 
indicate  respecting  their  condition  and  management,  and 
the  means  of  improving  them;   but  no  compensation  shall 
be  made  for  such  services. 

(8)  To    require    of    County    Superintendents    detailed  porqts!re 
reports  annually,  and  as  much  oftener  as  he  may  deem 
proper;    and  he  may  require  special  reports  at  any  time 

of  any  officer  connected  with  the  school  system. 

(9)  To  appoint  some  one  to  make  the  reports  required  Mns 
to  be  made  by  the   County  Superintendent  when  such  reports> 
Superintendent  shall  fail  to  make  full  report  at  the  time 
designated,   and   to  allow  such   appointee  what  he   may 
deem  just  for  his  services,  which  shall  be  paid  by  the  de- 
linquent County  Superintendent;   and  upon  his  refusal  to 

do  so,  the  State  Superintendent  shall  stop,  in  the  hands  of 
the  County  Trustee,  that  amount  of  his  salary,  or  bring 
suit,  in  his  official  name,  against  him  in  a  court  of  compe- 
tent jurisdiction,  to  enforce  the  payment. 


License  of 
teachers. 


Acts  1913. 
Chap.  40, 
Sec.  6. 

Preserve 
documents. 


Report  scho- 
lastic popu- 
lation. 


Biennial  re- 
port. 


See  Acts 
1879.    Chap.  6. 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

(10)  To  prescribe  the  mode  of  examining  and  licensing 
school  teachers,  and  their  necessary  qualifications. 

(10-a)  To  issue  certificates  of  qualification  to  public  school 
teachers  (after  July  I,  1914.) 

(11)  To  preserve  in  his  office  and  conveniently  arrange 
all  documents  and  matters  in  relation  to  educational  sub- 
jects that  may  come  into  it. 

(12)  To  report  to  the  Comptroller  of  the  State,  on  the 
first  day  of  December  in  each  year,  the  scholastic  popula- 
tion of  each  county. 

(13)  To  biennially  submit  to  the  Governor,  on  or  before 
the  fifteenth  day  of  September,  a  detailed  report  of  his 
official  proceedings  for  the  year  ending  the  thirtieth  day  of 
June  preceding,  exhibiting  a  plain  statistical  account  of 
receipts  and  expenditures  for  public  schools,  and  of  their 
condition  and  progress,  showing  the  number  of  children, 
male  and  female,  white  and  colored,  respectively,  in  the 
State  and  in  each  county,  between  the  ages  of  six  and 
twenty -one  years,  the  total  number  of  pupils  enrolled,  the 
average  number  belonging,  and  the  per  cent,  of  attendance 
during  the  year,  the  average  paid  to  teachers,  male  and  fe- 
male, the  amount  of  each  branch  of  school  expenditures, 
severally,  the  cost  of  education  per  scholar,  and  whatever 
else  may  tend  to  show  the  degree  of  success  and  usefulness 
of  the  system. 

NOTE. — By  Acts  1873,  scholastic  year  ended  August  31;  it  was  amended  by  Acts 
1881,  Chapter  113,  Section  1,  to  end  J  une  30. 

Acts  1907,  Chapter  153,  Section  17,  amends  Section  13,  of  Acts  1873,  by  requiring 
"the  report  of  the  State  Superintendent  of  Public  Instruction  to  be  made  biennially  in- 
stead of  annually;  Provided,  that  he  shall  have  printed  annually  the  statistical  tables 
of  the  report  and  leave  in  the  hands  of  printers  or  otherwise  a  sufficient  number  of 
same  to  bind  with  his  biennial  report." 


1891.         Chap. 
132,  Sec.  3. 


Distribute 
forms. 


(14)  It  shall  be  the  duty  of  the  State  Superintendent 
to  have  printed  and  distributed  to  the  school  officers  of 
the  State,  and  to  the  County  Courts  of  the  several  coun- 
ties, appropriate  forms  and  instructions  for  carrying  into 
effect  the  provisions  of  this  act. 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE.  7 

STATE    BOARD    OF   EDUCATION. 

The  Governor  of  the  State  shall  appoint  a  State  Board  IdicauSn^  °f 
of  Education,   to  consist  of  six  members,   two  of  whom   c!iap?890,'  Sec. 
shall  be  appointed  for  six  years,  two  for  four  years,  and  two   13> 
for  two  years;    and,   after  the  expiration   of  their   first 
terms  of  office,  their  successors  shall  be  appointed  for  six 
years.     The  Governor  of  the  State  shall  be  ex  officio  a  Jftop.  35. 
member  and  President  of  said  Board.     The  State  Superin- 
tendent shall  be  ex  officio  a  member,  Secretary  and  Treas- 
urer of  the  Board . 


DUTIES    OF   STATE    BOARD   OF   EDUCATION. 

[The  General  Education  Bill  has  amended  many  of  the 
duties  of  the  State  Board  of  Education.     See  page  76.] 

(a)  It  shall  be  the  duty  of  said   Board  of  Education  9a5'Sec.Ci4?P' 
to   report,    through    the   Superintendent,    to    the    regular  Report- 
meeting  of  the  General  Assembly,  the  operations  of  the 

Board,  the  condition  and  progress  of  the  normal  schools, 
with  such  suggestions  as  they  may  deem  advisable  for  the 
improvement  of  normal  and  public  schools. 

(b)  The   State    Board    of    Education    shall,    at    proper  illf '  sec  C3?P' 
times,  inspect  the  management  of  the  State  Normal  Col-   §££5*0? 
lege,  and  audit  the  accounts  for  the  disbursement  of  the  Education- 
funds,  and  make  a  biennial  statement,  through  the  Gov- 
ernor, to  the  Legislature,  showing  its  condition  and  prog- 
ress, and  otherwise  guard  the  State's  interest  in  the  same. 

SEC.  55.     (1)  The  establishment  of  a  normal  school  or  Jo?5' Nor£a?P* 
schools  is  hereby  authorized  to  be  effected  by  the  Board  of  8Ch°o18- 
Education    hereinafter    provided    for.     The    said    normal 
school  or  schools  shall  be  made  in  every  respect  first-class 
institutions  for  the  professional  education  of  teachers,  and 
the  most  approved  method  of  instruction  shall  be  adopted, 
and   none  but  teachers  experienced  and  skilled  shall  be 
employed  to  take  charge  of  them. 

(2)  Said  Board  of  Education  shall,  at  as  early  date  as  Education, 
may  in  their  judgment  be  practicable,  locate  and  make 
arrangements  for  opening  such  normal  school  or  schools, 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 


Location  of 
schools. 


Donations. 


Trustees 
colleges. 


Admission 
pupils. 


Eligibility. 


Diplomas. 


furnishing  them,  adopting  a  course  of  study,  employing 
teachers  and  other  officers. 

(3)  In  the  location  of  said  normal  school  or  schools,  the 
State  Board  of  Education  shall  give  preference  to  such 
locality,  accessible  to  all  parts  of  the  State,  as  shall  offer 
gratuitously  the  most  suitable  grounds  and  buildings  for 
the  establishment  of  the  same. 

(4)  Said    Board    of    Education    may   receive   contribu- 
tions of  money  from  the  Trustees  of  the  Peabody  Educa- 
tional Fund,  or  donations  of  property  or  funds  from  any 
other  source,  for  the  benefit  of  this  enterprise,  which  they 
shall  in  good  faith  dispose  of  and  disburse  in  accordance 
with  the  conditions  of  the  donations. 

(5)  The  trustees  of  colleges,  universities,  or  educational 
institutions  shall  have  the  power  to  give  the  use  of  their 
property  to  the  State  Board  of  Education  for  the  benefit 
of  normal  schools. 

(6)  No  pupil  shall  be  admitted  into  said  schools  who  is 
under  sixteen  or  over  thirty  years  of  age,  and  who  shall 
not  have  undergone,   satisfactorily,   such  examination  as 
may   be   prescribed   by   the   State    Board    of   Education. 
Those  already  engaged  in  teaching  may  enter  said  normal 
school  or  schools  as  pupils  upon  conditions  fixed  by  the 
State  Board  of  Education. 

(7)  Pupils  of  public  schools  may  be  recommended  for 
admission  into  said  normal  school  or  schools  by  the  County 
Superintendent,  on  consultation  with  the  Directors  of  the 
School  Districts  of  his  county,  and  in  cities  by  the  Super- 
intendent of  Public  Schools;    and  such  pupils  so  recom- 
mended, and  who  pass  a  satisfactory  examination,  shall 
have  precedence  over  all  other  applicants. 

(8)  Diplomas  shall  be  granted  to  those  who  honorably 
complete  the  course  of  study  prescribed  in  said  schools; 
and  possession  of  such  diplomas  shall  exempt  the  holder 
thereof  from   the  examination  prescribed  as  a  condition 
precedent  to  employment  in  the  public  schools  of  the  State, 
any  such  graduate  being  eligible  as  a  teacher  in  any  county 
of  the  State. 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 

(9)  The  same  registers,  records,  and  reports  which  are  " and 
prescribed  in  the  State  school  law  for  the  public  schools, 

or  which  may  be  ordered  by  the  State  Superintendent  of 
Public  Instruction,  shall  be  kept  by  the  officers  and  teach- 
ers .of  said  normal  schools,  and  regular  reports  shall  be 
made  directly  to  the  State  Superintendent,  at  the  times 
and  in  the  manner  required  by  law  for  other  public  schools, 
or  at  such  other  time  as  he  may  require. 

(10)  The  State   Board   of   Education   shall   keep   such 
normal  schools  as  may  be  established  for  white  and  colored  d 
pupils  entirely  distinct  and  separate;    Provided,  That  the 
provisions  therein  for  training  and  improvement  shall  be 
impartially  proportioned  to  the  demands  of  each. 

(11)  The    salaries    of    principals,    teachers,    and    other  s 
officers  of  said  normal  schools,  and  all  other  expenditures, 
shall  be  determined  by  the  State  Board  of  Education,  and 
the  disbursements  shall  be  made  by  the  Treasurer  of  the 
Board,  upon  its  order. 

Examine  ap- 

(12)  To  prescribe  rules  and  regulations  for  the  exami-  piicants  for 

.     '  ..  ,          ~  o  •  County  Su- 

nation  of  applicants  for  County  Superintendents,   to  be  perintendents. 
held  on  the  first  Monday  in  October  preceding  each  bi- 
ennial election,  and  at  any  other  date  or  dates  fixed  by  the 
Board.     (Acts  1895,  Chapter  54.) 

DUTIES   OF   SECRETARY   OF   STATE   BOARD   OF   EDUCATION. 

(a)  The  State  Superintendent  of  Public  Instruction  shall  fSSSS- and 
be  Secretary  and  Treasurer  of  the  State  Board  of  Education, 

and  as  such  shall  have  charge  and  general  supervision  of  the 
disbursement  of  all  moneys  hereafter  appropriated  for  the  chaSp?343'. 
Peabody  Normal  College,  and  for  all  normal  colleges  and 
institute  funds .  He  shall  keep  in  his  office  at  the  State  Capi- 
tol a  record  of  all  money  appropriated  for  said  normal  school 
or  schools,  and  its  distribution,  and  before  any  such  money  so 
appropriated  shall  be  drawn  from  the  Treasury,  he  shall  pass 
upon  and  certify  to  the  correctness  of  all  vouchers  to  be  filed 
with  the  Comptroller  prior  to  the  issuance  of  his  warrant. 

(b)  The  State  Superintendent  of  Public  Instruction,   as 
the  Secretary  and  Treasurer  of  the  State  Board  of  Education, 


10 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


shall  give  bond  in  the  sum  of  ten  thousand  dollars,  payable 
to  the  State  of  Tennessee,  for  the  faithful  performance  of  his 
duty  as  such  Treasurer,  which  bond  shall  be  approved  by  the 
Governor  and  Attorney  General. 

NOTE.— Amended  by  General  Education  Bill,  Sec.  7.     Acts  1909.     Chap.  26  . 


1873.        Chap. 
25.     How 
elected. 


Qualifica- 
tions. 


Removal. 


Examination, 
qualification 
and  election 
of  County 
Superintend- 
ents. 


1895. 
54. 


Chap. 


COUNTY   SUPERINTENDENTS. 

SEC.  8.  1.  There  shall  be  a  County  Superintendent 
for  each  county,  who  shall  be  elected  by  the  County  Court 
at  its  April  or  July  term,  1873,  and  after  1874  he  shall 
be  elected  biennially  in  January,  and  no  member  of  the 
County  Court  shall  be  eligible  to  said  office.  He  shall  be 
a  person  of  literary  and  scientific  attainments,  and,  when 
practicable,  of  skill  and  experience  in  the  art  of  teaching; 
shall  hold  his  office  for  two  years,  and  shall  receive  such 
pay  for  his  services  as  may  be  allowed  him  by  the  County 
Court,  to  be  paid  upon  the  order  of  the  Chairman  or 
Judge  of  the  County  Court  by  the  County  Trustee.  He 
shall  be  subject  to  removal  from  office  for  misbehavior  or 
inefficiency  at  any  time  by  the  County  Court;  Provided, 
That  the  cause  for  such  removal  shall  be  communicated  to 
him  in  writing. 

Said  County  Superintendent  shall  be  a  person  of  literary 
and  scientific  attainments  and  of  skill  in  the  theory  and 
practice  of  teaching;  Provided,  that  preceding  each  bien- 
nial election  or  any  election  to  fill  a  vacancy  for  County 
Superintendent  of  Schools  each  applicant  shall  file  with  the 
Chairman  of  the  County  Court  a  certificate  of  qualification 
given  by  the  State  Board  of  Education;  Provided,  that  on 
the  first  Monday  in  October  preceding  each  biennial  elec- 
tion for  County  Superintendent  of  Schools  and  at  any 
other  date  or  dates  fixed  by  the  State  Board  of  Education, 
each  applicant  for  said  office  shall  undergo  a  public  ex- 
amination at  the  county  site  of  the  county  in  which  he 
or  she  is  an  applicant,  to  be  conducted  by  a  commission 
of  three  residents  of  the  county,  said  commission  to  be 
previously  appointed  by  the  Chairman  of  the  County 
Court,  and  to  be  citizens  who,  by  education  and  experi- 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  11 

ence,  are  most  eminently  qualified  to  conduct  said  exami- 
nation, the  same  to  be  held  by  the  State  Board  of  Edu- 
cation under  such  rules  and  regulations  as  said  Board  may 
prescribe;    Provided,  that  the  said  applicant  shall  furnish 
evidence  satisfactory  to  the  said  State  Board  of  Education 
as  to  his  or  her  moral  character,  said  evidence  to  be  fur- 
nished in  such  manner  and  form  as  shall  be  prescribed  by 
the  said  State  Board  of  Education;  Provided,  further,  that 
if  qualified  as  attested    by  said  examination  and  as  to 
moral  character,  said  applicant  shall  receive  a  certificate 
of  qualification  by  the  State  Board  of  Education;    Pro-  SJSfSkJ8  to 
vided,  further,  that  those  who  have  been  previously  examined  rJJnishecUo 
or  may  hereafter  be  examined  under  the  regulations  of  the  |^icaUo"d  °f 
State  Board  of  Education,  and  having  attained  po  per  cent.  chap?5os!y 
in  general  average,  and  not  falling  below  70  per  cent,  in  any  Acts  1899. 
study,  shall  be  exempt  from  said  examination  so  long  as  Chap-  231* 
they  continue  in  the  public  school  work;    Provided,  further, 
that  those  who  have  been  previously  examined  within  the  past 
two  years,  or  may  hereafter  be  examined  under  the  regulations 
of  the  State  Board  of  Education,  and  having  attained  80  per  cha^ei!' 
cent,  in  general  average,  and  not  falling  below  70  per  cent,  in 
any  study,  shall  be  exempt  from  said  examination  for  a  period 
of  six  years. 

In  the  election  of  County  Superintendent  of  Education,  loff*    women' 
women  of  the  age  of  twenty-one  years,  and  otherwise  pos-  ehglble- 
sessing  the  necessary  qualifications,  shall  be  eligible  for  said 
position. 


DUTIES   OF  COUNTY    SUPERINTENDENT. 

SEC.  9.     That  the  duties  of  the  County  Superintendent  2<P'      Chap' 
shall  be  as  follows : 

(1)  To  have  supervision  of  the  public  schools  in  the  Supervision- 
county. 

(2)  To  visit  the  schools  of  the  several  districts  from  S^fi.1  the 
time  to  time,  and  confer  with  the  teachers  and  District 
Directors  as  to  the  improvement  of  schools  or  the  promo- 
tion of  their  interest  in  any  way. 


12 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Directors' 
reports. 


To  examine 
and  issue  cer- 
tificates. 


To  report  to 
Trustee. 


Acts  1907. 
Chap.  236. 

To  observe 
directions  of 
State  Super- 
intendent. 


When  to  re- 
port. 


To  keep 
record  of 
official  acts. 


(3)  To  see  that  the  District  Directors  make  their  re- 
ports on  all  matters  required  of  them;   and  when  they  fail 
to  make  full  reports,  or  to  make  them  in  time,  the  County 
Superintendent  may  appoint  some  other  person  to  perform 
these  duties. 

(4)  To  perform  such  duties  in  relation  to  the  exami- 
nation  of   teachers,   and   issuing   to   them   certificates   of 
qualification,  as  may  be  required  of  him  by  the  State  Su- 
perintendent. f 

(5)  To  report  to  the  County  Trustee,  as  soon  as  ascer- 
tained, the  scholastic  population  of  each  school  district  on 
the  last  day  of  June. 

(6)  To  act  as  Secretary  of  County  Board  of  Education. 

(7)  To  observe  such  directions  and  regulations  as  the 
State  Superintendent  of  Schools  may  from  time  to  time 
prescribe ;  to  make  special  reports  to  that  officer  whenever 
required;    and,  on  or  before  the  first  day  of  August,  an- 
nually, to  make  to  him  a  report  for  the  year  ending  the 
thirtieth  day  of  June  preceding,   in  such   form  and   con- 
taining all   such   particulars  as  shall  be   prescribed   and 
called  for,  a  copy  of  said  report  to  be  furnished  to  the 
County  Court  of  his  county  at  its  quarterly  session  on  the 
first  Monday  in  January. 

(8)  To  keep  a  record  of  all  his  official  acts  in  a  book 
to  be  provided  for  that  purpose,  and  to  keep  a  record  of 
the  numbers  and  boundaries  of  the  school  districts  of  his 
county,  and  the  changes  that  may  be  made  therein  from 
time  to  time. 


1899. 
410. 


Chap. 


by  Superin- 
tendent. 


(9)  In  all  cases  where  the  District  Directors  of  the  public 
Sunrters?gn?dbe  schools  issue  warrants  upon  the  County  Trustee  for  school 
apparatus,  maps,  charts,  globes,  school  furniture,  and  all 
other  expenditures  of  the  public  school  funds,  except  for 
teachers'  salaries,  the  warrants  drawn  by  said  Directors  shall 
be  countersigned  by  the  County  Superintendent  before  the 
same  shall  be  paid  by  the  County  Trustee,  and  all  warrants 
issued  by  said  Directors  for  any  claim  shall  be  written  and 
signed  in  ink. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  13 

(9a)  It  shall  be  unlawful   for  the  County  Trustee  to  64°5war£nap' 
pay  out  school  funds  upon  warrants  issued  by   District  charTsaPiibra- 
School    Directors   for   maps,    charts,   libraries,   and   other 
school  furniture  or  apparatus,   unless  such  warrants  are 
approved  by  the  County  Judge  or  Chairman  of  the  County  jJdSe  orty 
Court  and  the  County  Court  Clerk  of  the  county  wherein  gSS 
the  articles  are  sold.  clerk' 

The  provisions  of  this  act  shall  not  apply  to,  nor  in  any 
way  affect  the  payment  of,  warrants  for  the  purchase  of 
chalk,  fuel,  brooms,  and  other  incidentals. 

Any  Trustee  violating  the  provisions  of  this  act  shall   violation. 
be  guilty  of  misdemeanor,  and  upon  conviction  shall  be  Misdemeanor, 
fined  and  imprisoned  at  the  discretion  of  the  court,  and, 
moreover,  shall  be  liable  to  the  district  out  of  whose  funds 
the  money  is  paid  for  the  amount  so  paid,  which  may  be 
sued  for  in  any  court  having  jurisdiction  by  any  citizen 
of  the  district  affected. 

The  grand  juries  are  hereby  given  inquisitorial  powers 
of  violations  of  the  provisions  of  this  act,  and  it  shall  be 
the  duty  of  the  Circuit  and  Criminal  Judges  of  the  State 
to  give  the  matter  specially  in  charge  to  the  grand  jury. 

(10)  It  shall  be  the  duty  of  the  County  Superintendent  I™9'      Chap' 
to  keep  a  well-bound  book,  in  which  he  shall  enter  a  memo-  fnftokeS?" 
randum  of  all  warrants  countersigned  as  provided  in  the  record  book* 
last  sub-section,  showing  the  amount  and  date  of  each 
warrant,   to  whom   issued,   for  what  purpose,   and   from 
which  district;    and  said  County  Superintendent  shall  in- 
clude in  his  annual  report  to  the  County  Court  a  full,  clear, 
and  succinct  statement  of  all  warrants  so  countersigned 
by  him. 

SEC.  10.     (1)  County    Superintendents    of    Public    In-  }|§5'      chap- 
struction  are  prohibited  from  teaching  any  public  school,  pSt^ndent 
either  as  principal  or  assistant,  during  their  official  terms,   So?  to  contract 
"and  from  taking"  any  contract  for  building  or  repairing 
public  school  property,  and  from  becoming  the  owner  of 
school  warrant  other  than  allowed  him  for  his  services  as  over3o!ooo. 
County   Superintendent;     Provided,    That   this   act   shall 
only  apply  to  counties  of  30,000  inhabitants  and  over. 


14  PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


in  (2)  It  shall  be  a  misdemeanor  in  office  for  any  County 
office,  and  fine.  Superintendent  to  teach  any  public  school,  as  principal  or 
assistant,  during  his  official  term.  In  addition  to  the 
punishment  prescribed  by  statute  for  misdemeanors  in 
office,  such  Superintendent  shall  be  fined  not  less  than 
twenty-five  dollars  nor  more  than  fifty  dollars  for  each  of- 
fense committed,  and  all  fines  arising  from  such  causes 
shall  be  paid  into  the  public  school  fund  of  the  county 
where  such  offense  is  committed.  (Id.,  Sec.  2.) 

chlp!236*.  SEC.  11.     (1)  That  whenever  a  vacancy  occurs  among 

coSTtyieBoard.  the   members   of   the   County    Board   of   Education,    the 

County  Superintendent  of  Public  Instruction  shall  fill  the 

same  by  appointment  upon  being  notified  of  such  vacancy. 

chap*236.  (2)  That  in  case  of  a  vacancy  in  any  District  Advisory 

SsTiicY  in        Board,  it  shall  be  the  duty  of  the  County  Superintendent  to 

fill  said  vacancy  by  appointment  upon  notification  of  same 

by  the  remaining  member  or  members  of  said  Advisory 

Board. 

SeepiandnT  It  shall  be  the  duty  of  the  County  Superintendent  of 
Public  Schools  of  each  county  to  set  apart  some  day  in 
1887.  chap.  November  in  each  year  as  "Arbor  Day"  in  all  the  public 
schools  of  the  county,  that  trees  may  be  planted  around 
the  buildings,  that  the  grounds  around  such  buildings  may 
be  improved  and  beautified;  such  planting  to  be  attended 
with  appropriate  and  attractive  ceremonies,  that  the  day 
may  be  one  of  pleasure  as  well  as  of  instruction  for  the 
young;  all  to  be  under  the  supervision  and  direction  of  the 
teacher,  who  shall  see  that  the  trees  are  properly  selected 
and  set. 

COUNTY  BOARD  OF  EDUCATION. 

?rcicts°tobe  SEC-  2.     That  the  County  Court  of  each  county  in  the 

created.  State  shall,  at  its  session  to  be  held  the  first  Monday  in 

July,   1907,  divide  the  county  into  five  school  districts, 

each  representing  as  nearly  as  practicable  equal  area  of 

chaP!92°376.         territory  or  the  same  number  of  inhabitants;    Provided, 

that  each  of  these  school  districts  shall  be  composed  of 

whole  civil  districts;   and,  Provided,  further,  that  in  coun- 

ties having  fewer  than  five  civil  districts,  each  civil  dis- 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  15 

trict  shall  constitute  a  school  district,  and  a  member  of 
said  Board  of  Education  be  elected  from  each  of  said  dis- 
tricts, and  the  remaining  member  or  members  be  elected 
from  the  county  at  large. 

SEC.  3.     That  one  member  from  each  of  said  school  dis- 
tricts  and  the  other  members  aforesaid  from  the  county  at   Board- 
large  shall  constitute  said  County  Board  of  Education; 
Provided,  the  County  Superintendent  shall  be  Secretary 
of  the  County  Board  of  Education. 

SEC.  4.  That  the  County  Court  in  the  several  counties 
of  the  State,  at  its  July  term,  shall  elect  a  member  of  the 
County  Board  of  Education  from  each  of  the  school  dis- 
tricts above  mentioned ;  or  where  there  be  fewer  than  five 
districts,  the  necessary  number,  as  above  provided  for, 
from  the  county  at  large,  which  County  Board  of  Educa- 
tion shall  qualify  and  organize  within  ten  days  after  their 
election  by  electing  one  of  their  number  Chairman;  Pro- 
vided, further,  that  the  members  of  the  County  Board  of 
Education,  thus  elected,  shall  serve  until  September  1, 
1908,  and  that  on  the  first  Thursday  of  August,  1908,  and 
biennially  thereafter,  each  member  of  the  County  Board 
of  Education  shall  be  elected  by  the  qualified  voters  of 
the  district,  above  provided  for,  and  in  counties  with  fewer 
than  five  districts  the  necessary  number  from  the  county 
at  large;  and  the  term  of  office  of  members,  thus  elected, 
shall  begin  on  the  first  day  of  September  next  after  said 
election,  and  their  tenure  of  office  shall  be  two  years,  or 
until  their  successors  in  office  are  duly  elected  and  qualified. 

SEC.  5.  That  any  person  shall  be  eligible  to  the  office  Whoeligible- 
of  member  of  the  County  Board  of  Education  who  is  quali- 
fied by  at  least  a  primary  education,  such  as  the  primary 
public  school  course,  to  perform  the  duties  required,  and 
who  is  a  resident  of  the  district  and  a  qualified  voter  there- 
in. If  he  shall  cease  to  be  a  resident  thereof,  his  office 
shall  be  deemed  vacant. 

SEC.  6.     That  whenever  a  vacancy  occurs  among  the  Vac 
members  of  the  County  Board  of  Education,  the  County 
Superintendent  of  Public   Instruction  shall  fill  the  same 
by  appointment  upon  being  notified  of  such  vacancy. 


16 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


Duties  of 
Chairman. 


Acts  1907. 
Chap.  236. 


Special 
meetings. 


DUTIES  OF  THE  CHAIRMAN  OF  THE  COUNTY  BOARD  OF 
EDUCATION. 

SEC.  7.     That  the  duties  of  the  Chairman  of  the  County 
Board  of  Education  shall  be : 

1.  To  preside  over  the  meetings  of  the  County  Board 
of  Education,  and  to  perform  all  the  functions  of  a  pre- 
siding officer  in  a  deliberative  body ;  Provided,  that  in  the 
absence  of  the  Chairman  at  any  meeting,  the  members  of 
the  County  Board  of  Education  present  may  select  a  tem- 
porary  Chairman,   who  shall   perform   the  duties  of  the 
Chairman  for  that  meeting;    and,  Provided,  further,  that 
it  shall  require  the  presence  of  three  voting  members  to 
constitute  a  quorum  for  the  transaction  of  business. 

2.  To  call  special   meetings  of  the   County   Board   of 
Education  whenever  in  his  judgment  the  interest  of  the 
public  schools  requires  it,  and  to  appoint  all  committees 
authorized  by  said  County  Board  of  Education,  and  to 
sign  all  warrants  issued  by  said  County  Board  of  Educa- 
tion. 


Duties  of 
Secretary. 


Acts  1907. 
Chap.  236. 


Quarterly 
written  re- 
port. 


Keep  record. 


DUTIES    OF    SECRETARY   OF   COUNTY   BOARD    OF   EDUCATION. 

SEC.  8.     That  it  shall  be  the  duty  of  the  Secretary  of 
the  County  Board  of  Education: 

1.  To   issue    all   warrants   authorized    by    the    County 
Board  of  Education  upon  the  County  Trustee  for  the  ex- 
penditures of  the  public  school  fund,  and  to  sign  the  same, 
together  with  the  Chairman  of  the  Board. 

2.  To   make   a   written   report   to   the   County    Court 
quarterly  of  all  expenditures  of  the  public  school  fund  by 
items,  which  accounts  shall  be  audited  by  the  County 
Judge  and  Auditing  Committee  of  the  County  Court. 

3.  To  keep  in  well-bound  books,  to  be  furnished  by  the 
county,  a  full  and  accurate  record  of  each  meeting  of  the 
County  Board  of  Education,  and  accounts  of  all  financial 
transactions,  which  books  shall  be  kept  in  the  office  of  the 
County  Superintendent  of  Public  Instruction. 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  17 

SEC.  9.  That  the  County  Superintendent  as  ex  officio 
Secretary  of  the  County  Board  of  Education  be  required 
to  give  bond,  to  be  approved  by  the  Chairman  of  the 
County  Court,  to  the  amount  of  $500  for  the  faithful  dis- 
charge of  his  duties. 

DUTIES  OF  THE  COUNTY  BOARD  OF  EDUCATION. 

SEC.  10.     1.  That  it  shall  be  the  duty  of  the  County  county0' 
Board  of  Education  to  hold  a  regular  meeting  on  the  first  l 
Saturday  in  July,   October,  January,  and  April  of  each 
year,  and  transact  all  public  school  business;    Provided,   ciXp.  236. 
the  Chairman  may  call  a  special  meeting  whenever  in  his 
judgment  the  interest  of  the  public  schools  requires  it. 

2.  To  select  teachers,  fix  their  salaries,  erect  buildings, 
repair  and  furnish  schoolhouses,   fix  all  wages  and  inci- 
dental expenses,  and  control  the  expenditure  of  the  public 
school  fund,  except  as  hereinafter  provided  for  the  Ad- 
visory Board. 

3.  To  run  all  public  schools  in  the  county,  as  nearly 
as  practicable,  the  same  length  of  time.     If  the  daily  at- 
tendance of  one  or  more  schools  shall  fall  below  the  mini- 
mum fixed  by  the  County  Board  of  Education,  then  such 
school,  or  schools,  shall  be  suspended  until  an  attendance 
can  be  assured  of  not  less  than  one-fourth  of  the  number 
of  pupils  within  the  territory  of  said  school,  or  schools; 
Provided,  the  County  Board  of  Education  shall  not  fix  the 
minimum  in  any  case  at  less  than  ten  pupils. 


4.  To  locate  schools  where  deemed   most  convenient,  11  ° 


having  due  regard  for  lessening  the  number  in  order  to 
improve  the  efficiency  of  the  county  system  of  education. 
Pupils  may  be  permitted  by  the  County  Board  of  Educa- 
tion to  attend  school  in  a  district  other  than  that  in  which 
they  reside,  if  more  convenient,  and  they  may  be  per- 
mitted to  attend  in  another  county  than  that  of  their  resi- 
dence, if  more  convenient;  Provided,  it  be  by  agreement 
of  the  County  Board  of  Education  of  both  counties. 

5.  To   receive   monthly   reports   from    the    teachers   of  Sachets/0 
their  respective  districts  and  issue  an  order  or  certificate 


18 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


Visit  schools. 


Act  on  ap- 
peals. 


Dismiss 
teachers. 


School 
property. 


therefor  on  the  Chairman  of  the  County  Board  of  Educa- 
tion for  warrant  of  salary  due. 

6.  To  visit  the  public  schools  of  their  respective  dis- 
dricts  as  often  as  the  County  Board  of  Education  may 
require,  but  not  less  than  twice  a  year. 

7.  To  act  on  cases  of  appeal  of  pupils  suspended  by 
action  of  the  Advisory  Board. 

8.  To  dismiss  teachers  for  incompetency,  improper  or 
immoral  conduct,  and  inattention  to  duty. 

9.  To  take  care  of,  manage,  and  control  all  school  prop- 
erty; buy,  transfer,  or  sell  school  property,  and  make  and 
take  proper  conveyances  and  perform  all  duties  now  re- 
quired of  District  Directors  under  Section  70  of  Chapter 
25  of  Acts  of  1873,  and  Chapter  44  of  Acts  of  1859-60, 
which  may  not  be  included  in  the  foregoing  sub-section. 


Local  or  "Ad- 
visory 
Boards." 


Acts  1907. 
Chap.  236. 


DISTRICT  ADVISORY   BOARD. 

SEC.  13.  That  there  shall  be  a  local  board  of  three 
members  from  each  civil  district  in  the  county,  known  as 
the  "Advisory  Board,"  which  Advisory  Board  shall  be 
elected  by  the  qualified  voters  of  the  civil  district  bien- 
nially. The  first  election  shall  be  held  the  first  Thursday 
in  August,  1908;  Provided,  that  the  District  Directors  now 
in  office  in  said  civil  districts  shall  constitute  the  Advisory 
Board  until  their  successors  are  elected  and  qualified  under 
the  provisions  of  this  Act. 


Duties  of 
"Advisory 
Boards." 


Acts  1907. 
Chap.  236. 


DUTIES   OF   THE   DISTRICT  ADVISORY   BOARD. 

SEC.  14.  That  the  duties  of  the  said  Advisory  Board 
shall  be  as  follows: 

1.  To  visit  the  schools  and  inspect  the  school  work  in 
their  respective  districts,  to  see  that  the  schoolhouse  is  in 
good  repair  and  properly  equipped  for  work,  that  the 
school  grounds  are  improved  and  properly  kept,  and  that 
the  buildings  are  supplied  with  water,  fuel,  and  other 
necessaries. 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  19 

2.  To   make   general   recommendations   to   the   County 
Board   for   the   advancement  of  school   interests   in   said 
districts,  and  to  recommend  to  the  County  Board  of  Edu- 
cation desirable  teachers  for  their  schools. 

3.  To  make  a  written  report  once  a  year  to  the  County 
Board,  or  oftener,  if  required  by  the  said  County  Board, 
in  relation  to  the   matters  committed   to  said  Advisory 
Board. 

4.  To    have    the    Secretary    enumerate    the    scholastic  ?en?usftic 
population  of  the  civil  district  annually  during  the  month 

of  July,  and  report  same  to  the  Secretary  of  the  County 
Board  of  Education,  and  the  Secretary  of  said  Advisory 
Board  shall  receive  for  this  an  amount  not  exceeding  two 
cents  per  capita  for  pupils  enumerated;  Provided,  that  in 
enumerating  the  scholastic  population,  the  full  name  of 
the  child,  the  name  of  the  parent,  and  the  age  of  the  child 
be  recorded,  and  also  the  fact  as  to  whether  the  child  is 
able  to  read  and  write;  Provided,  that  in  any  town  or  city 
maintaining  a  separate  school  system,  the  Board  of  Educa- 
tion for  said  town  or  city  is  hereby  empowered  and  directed 
to  enumerate  the  scholastic  population  for  said  town  or  city  iducatfon'to* 
under  the  rules  and  regulations  as  herein  provided;  Provided,  cPt?es.erate 
further,  that  in  addition  to  giving  the  name  of  the  child,  the  chap.1562. 
name  of  the  parent,  and  stating  whether  the  child  can  read 
and  write,  the  name  of  the  street  and  the  number  of  residence 
shall  be  given;  'Provided,  further,  that  the  enumerator  of  the 
scholastic  population,  whether  in  the  county  or  city,  shall  make 
affidavit  in  due  form  of  law  that  he  has  taken  the  census  care- 
fully and  accurately  in  accordance  with  the  provisions  of  the 
law  and  that  his  report  is  correct  to  the  best  of  his  knowledge 
and  belief.  The  City  Board  of  Education  and  the  District 
Advisory  Board  shall  file  this  affidavit,  together  with  the  cen- 
sus report,  with  the  County  Superintendent  on  or  before  Aug- 
ust ist  of  each  year. 

5.  To  suspend  and  dismiss  pupils,  subject  to  appeal  to 
the  County  Board  of  Education. 

6.  To  issue  an  order   upon    the  County  Board  of  Edu- 
cation  for  expenditures  for  repairs  and  incidentals  to^an 
amount  not  exceeding  ten  dollars. 


20 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 


Acts  1913. 
Chap.  40. 


Age. 


Qualifications 
of  teachers. 


SCHOOL   TEACHERS. 

No  person  shall  be  employed  to  teach  in  any  public 
elementary  or  high  school  of  the  State  or  receive  pay  for 
teaching  out  of  the  public  school  funds  of  any  county  until 
he  has  received  a  certificate  from  the  State  Superintendent 
of  Public  Instruction,  as  prescribed  in  this  Act.  (that  is, 
one  issued  by  the  State  Superintendent  of  Public  Instruc- 
tion.) No  such  payment  shall  be  allowed  if  made,  and 
any  officer  who  shall  make  or  sanction  the  same  shall  be 
subject  to  a  penalty  of  not  less  than  Five  ($5.00)  Dollars 
nor  more  than  Fifty  ($50.00)  Dollars,  to  be  paid  into  the 
public  school  fund  of  the  county  in  which  collected. 

No  person  under  eighteen  years  of  age  shall  receive  a 
certificate  to  teach  in  the  public  schools  of  this  State,  and 
no  person  under  twenty  years  of  age  shall  receive  pay  out 
of  the  public  school  funds  as  the  principal  of  any  school 
having  more  than  one  teacher. 

No  person  shall  receive  a  certificate  to  teach  in  the  public 
schools  of  this  State  unless  he  has  a  good  moral  character, 
and  under  no  circumstances  shall  certificates  be  granted  to 
persons  addicted  to  the  use  of  intoxicants,  opiates  or 
cigarettes.  All  persons  who  appear  before  the  local  exam- 
ining committee  of  any  county  or  the  State  Board  of  Ex- 
aminers for  teachers'  certificates,  as  hereinafter  provided, 
must  satisfy  the  local  examining  committee  or  the  State 
.Board  of  Examiners  that  they  meet  the  requirements  of 
this  Act  as  regards  age  and  moral  character  before  being 
allowed  to  proceed  with  the  examinaton;  and  the  local 
examining  committee  or  State  Board  of  Examiners  may  re- 
quire proof  as  to  age  and  testimonials  as  to  character. 

No  person  shall  teach  in  any  public  school  of  this  State 
who  has  any  contagious  or  communicable  disease  in  such 
form  as  that  the  health  of  children  would  be  endangered 
by  his  presence  in  the  school  room  with  them;  and  any 
County  Board  of  Education  or  City  Board  of  Education 
may  require  a  teacher  to  submit  to  an  examination  by  a 
competent  physician  at  any  time  when  there  is  reason  to 
believe  that  the  teacher  has  any  disease  of  this  kind;  and 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  21 

any  Board  of  Education  may  require  from  any  teacher 
asking  to  be  employed  in  any  public  school  under  its  direct 
control  a  certificate  of  health  signed  by  a  competent 
physician. 

SEC.  2.  Be  it  further  enacted,  That  every  teacher  in  the 
public  schools  of  the  State  shall  keep  a  daily  record  of  facts 
pertaining  to  his  school  in  such  form  as  is  required  by  the 
State  Superintendent  of  Public  Instruction  and  as  indicated 
in  the  school  register  furnished  the  teacher  for  that  purpose, 
and  the  teacher  shall  be  responsible  for  the  safe  keeping 
and  delivery  of  the  same  to  the  County  Superintendent 
of  Public  Instruction  at  the  close  of  the  school  term  or  at 
the  close  of  his  services. 

SEC.  3.  Be  it  further  enacted,  That  written  contracts 
for  the  school  year  shall  be  made  between  the  County 
Boards  of  Education  and  the  public  school  teachers  at 
fixed  rates  per  month  before  they  enter  upon  their  duties. 
These  contracts  shall  be  in  such  form  as  may  be  furnished 
by  the  State  Superintendent  of  Public  Instruction,  and 
every  contract  shall  be  signed  in  duplicate  in  ink,  each 
party  holding  a  copy.  Failure  to  comply  with  the  pro- 
visions of  this  section  of  this  Act  shall  subject  either  or  both 
parties  to  a  fine  of  Twenty-five  Dollars. 

SEC.  4.  Be  it  further  enacted.  That  any  principal  teacher 
of  a  public  school  may,  for  good  and  sufficient  reasons, 
suspend  a  pupil  from  attendance  on  his  school  until  the  case 
is  decided  by  the  County  Board  of  Education,  which  shall 
be  with  as  little  delay  as  possible. 

Provided,  that  a  report  of  every  suspension  shall  be 
made  at  once,  through  the  County  Superintendent,  to  the 
County  Board  of  Education. 

SEC.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  all  teachers  in  any  county  of  this  State  to  attend  the  full 
term  of  any  county  institute  held  for  teachers  of  his  race 
in  that  county  under  provisions  made  by  the  State  and 
County  Superintendents  of  Public  Instruction;  but,  in  lieu 
of  attendance  upon  the  institute  in  his  county,  a  teacher 
may  attend  a  similar  institute  in  any  other  county  in  the 


22  PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

State  in  the  same  year,  or  take  regular  work  in  a  summer 
session  of  one  of  the  State  Normal  Schools  or  any  regularly 
organized  summer  school  of  good  standing. 


COUNTY  TRUSTEE'S  DUTY. 

SEC-  43.  Tne  County  Trustee  shall  keep  separate  ac- 
aVd  counts  of  the  State  funds  and  the  county  funds,  showing 

monreyUtl°n  °f  whence  and  on  what  account  the  moneys  were  severally 
derived,  and  by  what  order,  and  on  what  account,  and  to 
whom  they  were  distributed;  and,  as  soon  as  said  moneys 
are  received,  he  shall  report  the  same  to  the  County  Super- 
intendent and  to  the  Directors  of  each  school  district. 

25.3'  TrurtSft  SEC.  44.  He  shall  give  bond  for  the  faithful  perform- 
ance of  his  duties,  with  surety,  to  be  approved  by  the 
County  Court  of  his  county,  in  double  the  amount  of  the 
money  that  may  come  into  his  hands,  and  his  compensa- 
tion for  receiving  and  paying  over  to  the  rightful  authori- 
ties all  moneys  received  by  him  shall  be  six  per  centum 
(6  per  cent)  on  all  sums  up  to  ten  thousand  dollars  ($10,- 
000),  and  four  per  centum  (4  per  cent)  on  all  sums  above 
ten  thousand  dollars  ($10,000)  and  up  to  twenty  thou- 
sand dollars  ($20,000),  and  a  commission  of  two  per 
centum  (2  per  cent)  on  all  sums  above  twenty  thousand 
dollars  ($20,000);  Provided,  That  in  computing  the  com- 
pensation of  Trustees,  all  funds — State,  county,  school, 
and  special — shall  be  taken  and  estimated  as  one,  and 
each  shall  pay  its  respective  portion  of  the  above  com- 
missions on  all  sums  of  money  received  by  said  Trustee 
for  said  State  and  county,  respectively;  and,  Provided, 
further,  that  at  the  time  of  the  settlement  with  the  proper 
officers  of  the  State  and  county,  and  the  computation  of 
his  commission  on  collections,  said  Trustee  shall  furnish 
said  officers,  respectively,  with  a  certified  statement  from 
the  Judge  or  Chairman  of  the  County  Court,  showing  the 
amount  actually  collected  by  him  and  paid  over  by  him 
to  the  proper  State  and  county  authorities,  respectively, 
as  heretofore  provided;  Provided,  further,  that  the  Trus- 
tee shall  not  be  entitled  to  any  commission  on  money 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  23 

turned  over  to  him  by  his  predecessor  in  office,  or  on 
money  borrowed  for  the  use  of  the  county,  or  received  from 
the  proceeds  of  sale  or  sales  of  bonds;  Provided,  further, 
that  the  Trustee  shall  receive  one  (1)  per  centum  on  all 
moneys  collected  from  county  officers  and  fees  and  on  the 
school  fund  received  from  the  State  or  on  money  turned 
over  to  him  by  clerks  of  the  courts  and  other  collecting 
officers.  (See  Acts  1907,  Chap.  602,  p.  2123.) 

SEC.  45.  It  shall  be  the  duty  of  County  Trustees  to  iff1-  Secc^p- 
keep  separate  and  apart  from  other  funds  the  tax  levied 
and  collected  for  public  school  purposes  in  their  county; 
and  any  Trustee,  who  converts  any  such  school  money  to 
the  discharge  of  any  account  charged  against  him  by  the 
State  or  county,  shall  be  guilty  of  a  misdemeanor,  and 
shall  be  subject  to  a  fine  of  not  less  than  one  hundred  dol- 
lars ($100),  and  imprisonment  at  the  discretion  of  the 
court,  and  shall  forfeit  his  office. 

SEC.  23.  No  State  nor  County  Superintendent  of  ^f3-  Scho^ap> 
Schools,  nor  School  Directors,  nor  any  other  officer,  nor 
any  teacher  of  the  public  schools,  shall  have  any  pecuniary 
interest,  directly  or  indirectly,  in  supplying  books,  maps, 
school  furniture  and  apparatus  to  the  public  schools  of  the 
State,  nor  shall  act  as  agent  for  any  author,  publisher, 
bookseller,  or  dealer  in  any  such  school  furniture  or  appa- 
ratus, or,  directly  or  indirectly,  receive  any  gift,  emolu- 
ment, reward  or  promise  of  reward,  for  his  influence  in 
recommending  or  procuring  the  use  of  any  book,  map,  or 
school  apparatus,  or  furniture  of  any  kind,  in  any  public 
school  of  this  State;  and  any  school  officer  or  teacher  who 
shall  violate  this  provision,  besides  being  removed  from  his  Penalty 
post,  shall  be  subject  to  a  penalty  of  not  less  than  two 
hundred,  nor  more  than  five  hundred  dollars,  and  shall  be 
guilty  of  misdemeanor;  Provided,  that  nothing  in  this  sec- 
tion shall  be  construed  so  as  to  include  authors  of  books  and 
maps.  (Acts  1899.) 

SEC.  24.     All   school   officers   going  out   of   office   shall   I2f.  3  TO  de-hap' 


deliver   to    their   successors    the    records   and    all    official    ^  successors; 


papers  belonging  to  the  office.     In  case  of  the  refusal  of  Saecf.  for 
any  officer  to  do  so,  on  demand  of  his  successor,  he  shall 


24  PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 

jg, 

forfeit  not  less^than  twenty-five  nor  more  than  one  hun- 
dred dollars  therefor,  and  a  like  penalty  for  each  month 
during  which  he  shall  persist  in  withholding  the  same, 
and  shall  be  guilty  of  a  misdemeanor. 

chip8!!',  No  director  (member  of  the  County  Board  of  Educa- 

tion) shall  be  a  teacher  in  the  public  schools,  nor  take  any 
contract  for  building  a  schoolhouse,  nor  any  contract  which 
his  board  is  competent  to  make,  nor  become  the  owner  of 
a  school  warrant. 

25. 3'  renames  SEC.  25.  All  penalties  and  forfeitures  imposed  by  this 
bydwfhoSltures;  act  upon  a  County  Superintendent  of  Schools  shall  be  for 
the  benefit  of  the  public  schools  of  the  county;  and  all 
penalties  imposed  upon  School  Directors  or  other  district 
school  officers,  or  upon  teachers,  shall  be  for  the  benefit 
of  the  public  schools  of  the  district  where  the  offense  is 
committed.  The  suit  for  such  penalties  shall  be  in  the 
official  name  of  the  State  Superintendent.  And  if  prose- 
cuted in  a  court  of  record,  it  shall  be  the  duty  of  the  Dis- 
trict Attorney  to  conduct  the  same.  It  shall  also  be  the 
duty,  of  the  District  Attorney,  and  any  school  officer  of 
.  the  county,  or  of  any  school  district,  as  the  case  may  be, 
to  set  such  prosecution  on  foot;  Provided,  That  if  a  pen- 
alty shall  be  inflicted  for  any  such  offense,  in  pursuance 
of  this  act,  the  party  shall  not  be  a  second  time  subject 
to  a  penalty  therefor. 

SCHOOLS   AND   PUPILS   WHO  MAY  ATTEND   SCHOOLS. 

2l!3schooihap'  SIEC.  30.  The  public  schools  shall  be  free  to  all  per- 
i879ndancchap.  sons  between  the  ages  of  six  and  twenty-one  years  residing 
within  the  school  district,  and  in  special  cases  those  chil- 
dren residing  in  different  districts  may  be  educated  in 
school  under  such  regulations  as  may  be  prescribed  by  the 
Directors  of  the  district  interested ;  Provided,  That  white 
and  colored  persons  shall  not  be  taught  in  the  same  school, 
but  in  separate  schools,  under  the  same  general  regulations 
as  to  management,  usefulness  and  efficiency. 

190™  °f  Bcha°p.'       All  public  schools  in  the  county  are  to  be  run  as  nearly  as 
practicable  the  same  length  of  time.     If  the  daily  attend- 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  25 

ance  of  one  or  more  scjiools  shall  fall  below  the  minimum 
fixed  by  the  County  Board  of  Education,  then  such  school,  . 
or  schools,  shall  be  suspended  until  an  attandance  can  be 
assured  of  not  less  than  one-fourth  of  the  number  of 
pupils  within  the  territory  of  said  school,  or  schools;  Pro- 
vided, the  County  Board  of  Education  shall  not  fix  the 
minimum  in  any  case  at  less  than  ten  pupils. 

SEC.  32.     (1)  There  shall  be  two  classes  of  district  pub-  132!'      Chap' 
lie  schools,   designated  respectively  primary  schools  and 
secondary  schools. 

(2)  The  Directors  of  each  school  district  shall  establish 
and  maintain  therein  as  many  primary  schools  as  may  be 
necessary  to  teach  the  children  of  the  district;    but  they 
shall   have   due   regard   to   increasing   the   length   of   the 
school  term  for  the  benefit  of  the  district  by  limiting  the 
number  of  schools,  and  they  shall  not  waste  the  school 
funds  by  unnecessary  multiplication  of  schools.     In  every 
primary   school   shall   be   taught   Orthography,    Reading, 
Writing,    Arithmetic,    Grammar,    Geography,    History   of 
Tennessee,  [containing]  the  Constitution  of  Tennessee  (Acts 
1899),  and  History  of  the  United  States,  containing  the 
Constitution    of    the    United    States.     Vocal    Music    and 
Elocution,  or  the  art  of  public  speaking,  may  be  taught 
therein,  and  no  other  branches  shall  be  introduced,  except 
those  added  in  (4)  below. 

(3)  The  Directors  of  each  school  district,  whenever  the 
interests  of  the  district  shall  require  it,  may  establish  and 
maintain  therein  one  or  more  secondary  schools.     Every 
secondary  school  shall  consist  of  a  Principal,  and  when 
necessary  aad  assistant  or  assistants  may  be  employed. 

In  every  secondary  school  shall  be  taught  the  following 
branches:  Orthography,  Reading,  Writing,  Arithmetic, 
Grammar,  Geography,  History  of  Tennessee,  [containing] 
the  Constitution  of  Tennessee  (Acts  1899),  History  of  the 
United  States,  containing  the  Constitution  of  the  United 
States,  Elementary  Geology  of  Tennessee,  Elementary 
Principles  of  Agriculture,  Elements  of  Algebra,  Elements 
of  Plane  Geometry,  Elements  of  Natural  Philosophy, 


26  PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 

Bookkeeping,  Elementary  Physiology  and  Hygiene,  Ele- 
ments of  Civil  Government,  and  Rhetoric  or  Higher 
English.  Practice  shall  be  given  in  Elocution,  or  the  art 
of  public  speaking.  Vocal  music  may  be  taught,  and  no 
other  branches  shall  be  introduced,  except  those  included 
in  (4)  following. 

*ndHy°&e,          (4)  Amendment   taking  effect  January    1,    1896    (Acts 
houctsdrh5ks!co"  1895»  ChaP-  18°):    In  addition  to  the  branches  in  which 
cigarette  and      instruction  is  now  given  in  the  public  schools  of  this  State, 
taught?1*        Physiology  and  Hygiene,  with  a  special  reference  to  the 
nature   of   alcoholic   drinks   and    narcotics,    and   smoking 
cigarettes,  and  their  effects  upon  the  human  system,  shall 
also  be  taught  as  thoroughly  as  other  required  branches, 
and  shall  be  made  a  regular  course  of  study  for  all  pupils 
in  all  schools  supported  entirely  or  in  part  by  public  money. 
quTrede7orhave       (5)  No  certificate  shall  be  granted  to  any  person  to 
sucTlebdrInc°hfes.  teach  in  the  public  schools  of  this  State  after  the  first  of 
January,  1896,  who  has  not  passed  a  satisfactory  exami- 
nation in  Physiology  and  Hygiene,  with  special  reference 
to  the  effects  of  alcoholic  drinks  and  narcotics,  and  ciga- 
rette smoking  upon  the  human  system. 

it?9'  secC2ap>       (6)  The  Superintendent  of   Public   Instruction   of  this 
£?TxtsibonoekSs.  State,  and  Commissioner  of  Agriculture,  shall  be  consti- 
tuted a  commission  to  procure  the  preparation  of,  or  the 
designation  of,  a  work  on  the  "Elementary  Principles  of 
Agriculture8  °f  Agriculture,"  which  shall  be  taught  in  the  public  schools 
of  the  State,  as  are  the  other  studies  prescribed  in  the 
21st  [31st]  section  of  the  public  school  law;   Provided,  No 
moneys  are  to  be  paid  by  the  State,  or  out  of  the  school 
fund,  for  the  preparation  of  the  necessary  book. 

ill!'  sST          (1)  The  course  of  study  in  the  public  schools  of  each 

byho!untyaded  county   shall   be   graded,   and   the   system   of   promoting 

superintend-      pupils  through  the  several  grades  shall  be  prescribed  by 

the  County  Superintendent  thereof,   in  accordance  with 

the  general  regulations  of  the  State  Superintendent.     The 

course  of  study  in  the  primary  schools  shall  consist  of  five 

grades,  and  the  course  of  study  in  the  secondary  schools 

shall  consist  of  eight  grades,  the  first  five  grades  in  each 

being  identical. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  27 


(2)  Pupils  completing  the  first  five  grades,  and  attain- 
ing  proficiency  therein,  shall  receive  a  certificate  from  the 
State  Superintendent,  certifying  that  the  holder  has  com-  a 
pleted  the  primary  school  course,  which  shall  be  counter- 
signed by  the  County  Superintendent  and  District  Direct- 
ors and  the  teacher  or  the  teachers  of  the  school,  and 
shall  entitle  the  holder  to  enter  the  sixth  grade  of  the  sec- 
ondary school  of  any  school  district,  or  of  the  high  school 
of  any  high  school  district,  which  is  now  or  may  hereafter 
be  established  and  in  which  the  holder  resides. 

(3)  Pupils  completing  the  eighth  grade  in  the  course  of 
the  secondary  schools,  and  obtaining  proficiency  therein, 
shall   receive  a  diploma   from   the  State  Superintendent,  8 
which    shall    be    countersigned    by    the    County   Superin- 
tendent and  by  the  District  Directors  and  by  the  teachers 
of  the  school,  and  which  shall  entitle  the  holder  to  enter 
the  ninth  grade  of  the  high  school  of  any  high  school  dis- 
trict which  is  now  or  may  hereafter  be  established,  and  in 
which  the  holder  resides. 

SEC.  33.  The  District  Directors  shall  have  the  power,  2573'Con£ihi-P' 
and  they  are  hereby  authorized,  to  make  contracts  of  ccn-  d 
solidation  with  the  trustees,  teachers,  or  other  authorities 
of  academies,  seminaries,  colleges,  or  private  schools,  by 
which  the  public  schools  may  be  taught  in  such  institu- 
tions; Provided,  That  the  branches  of  study  designated  in 
the  thirty-second  section  of  this  act  shall  be  taught  free 
of  any  charge  in  such  consolidated  schools;  and  Provided, 
further,  That  the  authority  of  the  County  Superintendent, 
District  Directors,  and  other  school  officers,  over  those 
studying  such  branches,  shall  be  as  full  and  ample  as  in 
the  ordinary  public  schools.  (See  County  High  School 
Bill.) 

SCHOOL   FUNDS   AND   THEIR  DISTRIBUTION. 

SEC.  34.     The  permanent  school  fund  of  the  State  shall  25?3'scho£ihap' 
be  the  one  million  five  hundred  thousand  dollars,  ascer- 
tained and  declared  by  Section  946  of  the  Code,  and  recog- 
nized by  the  Constitution  of  the  State  to  be  the  permanent 
school  fund.     To  this  shall  be  added  the  interest  which 


28 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Escheats. 


1873.     Chap. 
25.     Fund. 


1873.     Chap. 
25.      Poll  tax. 


1875.     Chap. 
138,    Sec.  1. 


1873.     Chap. 
25.     School 
Tax— how 
collected. 


has  accrued  on  the  same,  and  not  been  paid  by  the  State, 
amounting,  on  the  first  of  January,  1873,  to  $1,012,500, 
making  this  entire  permanent  State  school  fund  $2,512,- 
500.  For  this  $2,512,500  a  certificate  of  indebtedness 
shall  be  issued,  signed  by  the  Governor,  under  the  great 
seal  of  the  State,  and  deposited  with  the  Comptroller  of 
the  Treasury,  and  which,  on  its  face,  shall  show  the  pur- 
pose for  which  it  was  issued;  and  shall  provide  for  the 
payment  of  the  interest  thereon  at  the  rate  of  six  per 
centum,  payable  semi-annually  on  the  first  day  of  July  and 
the  first  day  of  January  in  each  year,  commencing  on  the 
first  day  of  July,  1873.  To  the  permanent  State  fund 
may  be  added,  from  time  to  time,  the  proceeds  of  all  es- 
cheated property,  of  all  property  accruing  to  the  State  by 
forfeiture,  of  all  lands  sold  and  bought  in  for  taxes,  of  the 
personal  effects  of  intestates  having  no  kindred  entitled 
thereto  by  the  laws  of  distribution,  and  donations  made  to 
the  State  for  the  support  of  the  public  schools  unless  oth- 
erwise directed  by  the  donors.  The  principal  of  the  said 
fund  shall  always  remain  unimpaired  and  entire,  and  the 
annual  income  arising  therefrom  shall  be,  and  is  hereby, 
dedicated  to  the  support  and  maintenance  of  the  public 
schools  of  the  State. 

SEC.  35.  The  State  school  fund  for  the  annual  sup- 
port of  public  schools  shall  be  the  annual  proceeds  of  the 
permanent  State  school  fund — any  money  that  may  come 
into  the  State  treasury  for  the  purpose  under  the  present 
or  future  laws  of  the  State,  and  any  money  that  may 
come  into  the  State  treasury  for  the  purpose  from  any 
source  whatever.  (To  this  has  been  added  money  derived 
from  Acts  1909,  Chapter  264,  and  Acts  1913,  Chapter  23.) 

SEC.  36.  Every  male  inhabitant  in  the  State  subject 
thereto  shall  pay  a  poll  tax  of  one  dollar  for  the  support  of 
the  public  schools,  which  shall  be  collected  as  other  taxes  are, 
and  paid  over  to  the  County  Trustee  in  the  county  where  col- 
lected, and  distributed  therein  to  each  school  district  accord- 
ing to  scholastic  population. 

SEC.  37.  The  State  school  tax  shall  be  collected  in  the 
same  manner  as  other  State  taxes,  but  when  the  collectors 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  29 

pay  over  to  the  Treasurer  of  the  State  the  money  coll  ected 
by  them,  they  shall  designate  what  part  of  the  same  is  the 
proceeds  of  the  school  tax. 

SEC.  38.     A  tax  of  one  and  one-half  mills  on  the  dollar  25?3'oiShand 
shall  be,  and  is  hereby,  annually  assessed  upon  all  prop-  °ax."half  mills 
erty   subject   to   taxation   for  the   support   of   the   public 
schools,  which  shall  be  collected  as  other  taxes  are,  and 
paid  over  to  the  County  Trustee  in  the  county  where  col- 
lected, and  distributed  therein  to  each  school  district  ac- 
cording to  scholastic  population. 

SEC.  39.  When   the   money    derived    from    the   school  25?3'schSP' 
fund  and  taxes  imposed  by  the  State  on  the  counties  shall  mo™ths.five 
not  be  sufficient  to  keep  up  a  public  school  for  five  months 
in  the  year  in  the  school  districts  in  the  county,  the  County 
Court  shall  levy  an  additional  tax  sufficient  for  this  pur- 
pose, or  shall  submit  the  proposition  to  a  vote  of  the  peo- 
ple, and  may  levy  a  tax  to  prolong  the  schools  beyond  the 
five  months,  said  tax  to  be  levied  on  all  property,  polls,  and 
privileges  liable  to  taxation,  but  shall  not  exceed  the  entire 
State  tax. 

SEC.  40.     Taxes  so  levied  by  the  county  shall  be  collect-  2i?3'Taxea^ 
ed  in  the  same  manner  as  other  county  taxes,  and  shall  be  and\owle<fise-d 
paid  over  to  the  County  Trustee  for  distribution  among  tnbuted- 
the  school  districts  of  the  county  according  to  their  scholas- 
tic population. 

SEC.  41.  All  school  money  coming  into  the  hands  of 
the  State  Treasurer  or  County  Trustee  shall  be  kept  sep- 
arate and  apart  from  any  State  or  county  funds  in  their 
hands. 

SEC.  42.     All   sums   of   money   derived   from   State   or  25?3SecCh50.' 
county  funds,  which  are  unexpended  in  any  year  in  any  fsTsI^chap. 
public  school  district,  shall  not  go  into  the  hands  of  the  138>  Sec'  4* 
County   Trustee  for  redivision  the  next  year,   but  shall  be 
credited  to  such  district,  and  be  added  to  the  amount  next 
apportioned  to  such  district. 

SEC.  43.  In  all  cases  where  school  money  has  been  col- 
lected in  issues  of  the  Bank  of  Tennessee,  and  burned,  it 
shall  be  the  duty  of  the  Comptroller  to  issue  his  separate 


30 


PUBLIC    SCHOOL'  LAWS   OF   TENNESSEE. 


1873.     Chap 
25.     School 
money — 
how  appor- 
tioned. 


1897.     Chap. 
36,  Sec.   1. 
Trustee's 
quarterly 
settlements 
and  distribu- 
tions. 


1897.     Chap. 
36,  Sec.  2. 
Trustee's  an- 
nual settle- 
ments. 


warrant  for  each  year  to  the  County  Trustee  of  each 
county  for  the  amount  of  school  money  belonging  to  such 
county  for  each  year  so  burned,  or  burned  as  aforesaid; 
and  the  proceeds  of  said  warrants,  together  with  all  other 
school  funds  now  in  the  hands  of  County  Trustees,  Super- 
intendents, or  other  officers,  belonging  to  each  year,  shall 
be  applied,  under  the  direction  of  the  County  Judge  or 
Chairman  of  the  County  Court,  first,  in  payment  of  all 
just  claims  accruing  in  said  year,  and  the  balance,  if  any, 
applied  in  payment  of  just  claims  next  in  time  of  accru- 
ing. 

SEC.  44.  All  money  in  the  treasury  of  the  State  for 
the  annual  support  of  her  schools  on  the  first  Monday  of 
October  and  April  of  every  year  shall  be  apportioned  by 
the  Comptroller  among  the  several  counties  according  to 
their  scholastic  population,  as  reported  to  him  by  the  State 
Superintendent.  He  shall  give  immediate  notice  of  such 
apportionment  to  the  County  Trustee  of  each  county,  and 
shall  give  notice  in  some  newspaper  at  the  seat  of  govern- 
ment of  the  amount  apportioned  to  each  county.  He  shall 
issue  his  warrant  on  the  Treasurer  in  favor  of  the  County 
Trustee  of  each  county  for  the  amount  apportioned  to  such 
county,  and  transmit  the  warrant  to  such  Trustee. 

SEC.  45a.  The  County  Trustee  of  each  county  shall 
make  quarterly  settlements  with  the  County  Judge  or 
Chairman  of  the  County  Court  of  all  school  funds  arising 
from  State  or  county  levies,  or  from  any  other  source  for 
school  purpose,  and  shall  also  make  with  said  County 
Judge  or  Chairman  of  the  County  Court  quarterly  dis- 
tribution of  the  school  moneys  in  his  hands,  and  shall 
report  the  same  to  the  County  Superintendent  and  to  the 
Directors  of  the  several  school  districts,  and  the  County 
Superintendent  of  Public  Instruction  for  the  county  shall 
be  present  at  each  quarterly  settlement  and  distribution  of 
the  school  fund,  and  shall  have  supervision  thereof. 

SEC.  45&.  Said  County  Trustee  shall  also  have  an- 
nual settlements  of  the  school  fund  with  said  County  Judge 
or  Chairman  of  the  County  Court  before  July  15th  of 
each  year,  for  the  school  year  ending  June  30th  previous; 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

and  in  said  settlement  said  Trustee  shall  be  charged  with 
all  tax  aggregates,  picked-up  taxes,  and  with  all  funds 
which  have  come  or  ought  to  come  into  his  hands  for  the 
school  purposes,  and  shall  be  credited  with  all  releases 
granted  by  the  County  Court,  with  his  lawful  commis- 
sions and  with  all  amounts  lawfully  disbursed;  and  the 
County  Superintendent  of  Instruction  shall  be  present  at 
such  annual  settlement,  and  shall  have  supervision  thereof. 

SEC.  45c.     It  shall  be  the  duty  of  the  County  Superin-  36?7Sec?3?P' 
tendent  to  make  quarterly  reports  to  the  State  Superin- 
tendent  on  or  before  the  15th  day  of  January,  April,  July, 
and  October  of  each  year,  setting  forth  an  account  of  the  e 
school  funds  derived  from  all  sources,  in  accordance  with 
the  forms  or  on  the  blanks  provided  by  the  State  Super- 
intendent. 

SEC.  45d.  The  County  Trustee  shall,  on  or  before  July  si^sec.  C4hap> 
15th  of  each  year,  make  annual  reports  to  the  County 
Superintendent  for  the  school  year  ending  June  30th 
previous  in  accordance  with  the  forms  or  on  the  blanks 
provided  by  the  State  Superintendent;  and  said  annual 
report  shall  set  forth  an  account  for  all  moneys  received 
during  the  school  year,  under  the  heads  of  "Amount  on 
hand  at  beginning  of  school  year,"  "Gross  amount  re- 
ceived," "From  State,  County,  from  school  districts  and 
from  all  other  sources,"  and  an  account  of  all  moneys  ex- 
pended during  said  school  year,  under  the  heads  of  "Sal- 
aries of  teachers,"  "School  sites,  buildings,  and  repairs," 
"Furniture  and  fixtures,"  "Libraries,  maps,  charts,  and 
apparatus,"  "Paid  District  Clerks,"  "Paid  County  Super- 
intendents," "Retained  as  fees  of  Trustee,"  "All  other 
expenses,"  and  "The  balance  on  hand  at  the  end  of  school 
year." 

SEC.  45e.  Whenever  it  shall  appear  to  the  County  Su- 
perintendent  that  any  portion  of  the  school  fund  has  been 
or  is  in  danger  of  being  lost,  misappropriated,  or  in  any  loss* 
way  illegally  disposed  of  or  not  collected,  it  shall  be  the 
duty  of  said  County  Superintendent  to  report  the  same  to 
the  County  Court,  and  also  to  report  the  same  to  the 
State  Superintendent. 


32 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 


1897.     Chap. 
Sec.  6. 
Same. 


1897.     Chap. 
36,  Sec.  7. 
Violaton  of 
law,  misde- 
meanor. 


1899.  Chap. 
395.  Comp- 
troller to  re- 
port warrant 
to  County 
Judge. 


SEC.  45/.  Whenever  it  shall  appear  to  the  State  Su- 
perintendent, from  the  report  of  County  Superintendent 
or  from  other  information,  that  any  portion  of  the  school 
fund  has  been  lost,  misappropriated,  or  in  any  way  ille- 
gally disposed  of  or  not  collected,  it  shall  be  the  duty  of 
the  State  Superintendent,  and  he  shall  have  power,  to 
employ  a  resident  attorney  to  look  after  the  recovery  and 
collection  of  such  fund;  and  for  his  services  may  retain, 
out  of  moneys  actually  recovered  and  collected  by  him, 
not  exceeding  ten  per  cent  thereof;  and  in  no  case  shall 
said  attorney  receive  any  pay  for  said  services  except  his 
commission  as  aforesaid,  retained  out  or  moneys  actually 
collected,  accounted  for,  and  paid  over  by  him  to  the  offi- 
cer lawfully  entitled  to  receive  the  same. 

SEC.  45g.  It  shall  be  a  misdemeanor  in  office,  punish- 
able by  fine,  for  any  County  Superintendent  or  County 
Trustee  to  fail  or  refuse  to  make  any  of  the  reports  pro- 
vided for  in  this  act,  and,  in  the  event  of  such  failure  or 
refusal,  it  shall  be  the  duty  of  the  officer  to  whom  such 
report  is  due,  unless  said  report  is  made  within  thirty  days 
after  the  date  fixed  by  law,  to  certify  said  failure  or  refusal 
to  the  Attorney  General  for  the  county  in  or  from  which 
said  failure  or  refusal  shall  have  occurred. 

//  shall J)e  the  duty  of  the  Comptroller  of  the  Treasury  to 
certify  to  the  Chairman  or  County  Judge  of  each  county  in 
the  State  the  date  of  issuance  and  amount  of  each  warrant 
transmitted  to  the  County  Trustee  of  such  county  in  the  semi- 
annual disbursement  of  the  public  school  fund. 


Acts  1873. 
Sec.  23. 
Purchase 
property. 


DISTRICTS   ADJACENT   TO   INCORPORATED   TOWNS. 

School  districts  adjacent  to  incorporated  towns  are  au- 
thorized to  purchase  property  inside  the  corporate  limits 
of  such  town  and  erect  thereon  schoolhouses,  which  shall 
be  under  the  exclusive  control  of  the  directors  of  such 
school  districts,  for  the  use  and  convenience  of  the  school 
children  in  such  school  district. 


NOTE — The  powers  conferred  on  District  Directors  by  Acts  1873,  are  now  given 
County  Boards  of  Education  by  Acts  1907,  Chapter  236, 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  33 

SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 

SEC.  51.  None  of  the  provisions  of  this  act  shall  be 
construed,  so  as  to  interfere  with  the  schools  or  school 
systems  already  established  in  cities  and  incorporated  a 
towns,  or  conflict  with  the  chartered  rights  by  virtue  of 
which  funds  for  their  support  are  being  received,  raised, 
and  distributed,  or  to  limit  them  as  to  the  power  to  extend 
the  course  of  study,  it  being  intended  to  encourage  the 
establishment  of  public  high  schools,  when  the  population 
justifies  it,  as  a  means  of  perfecting  the  grading  and  ele- 
vating the  standard  of  scholarship.  But  all  such  schools 
shall  receive  their  pro  rata  share  of  moneys  received  un- 
der the  provisions  of  this  act,  according  to  their  scholastic 
population. 

SEC.  52.  That  all  the  rights  and  privileges  reserved 
and  given  to  cites  and  incorporated  towns  by  Section  51  of 
said  act  (1873,  Chap.  25),  be,  and  the  same  are  hereby,  town8' 
extended  to  schools  and  school  systems  that  have  been 
established  by  cities  or  incorporated  towns  since  the  pas- 
sage of  said  act,  or  that  may  hereafter  be  established  by 
them. 

That  cities  and  incorporated  towns  in  which  have  been  lot.1'  sS^!' 
established,  or  may  hereafter  establish,  such  higher  graded  2c£of£r  graded 
schools,  be,  and  the  same  are  hereby,  authorized  and  em- 
powered to  supplement  the  school  fund  derived  from  State 
and  county  tax,  by  an  additional  municipal  tax  or  levy, 
for  the  support  of  said  schools;    Provided,  however,  That 
no  incorporated  town  or  municipality  shall  exceed  its  law- 
ful limit  of  taxation  in  making  such  additional  levy. 

(1)  The  several  incorporated  cities  and  towns  within 
this  State  may,  through  their  Boards  of  Mayor  and  Alder- 
men,  establish  and  maintain,  within  their  respective  cor- 

porate  limits,  a  system  of  high  graded  common  schools.         hjgh°grade.a 

(2)  For   this   purpose   the   said   Board   of   Mayor  and 
Aldermen  of  any  municipal  corporation  within  this  State 
may  procure  a  suitable  schoolhouse  or  houses,  either  by 
erection   or   purchase,   and,   in   making  such   erection   or 
purchase  of  such  house  or  houses,  and  furnishing  the  same, 


34 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Levy  additional 
tax. 


Board  of 
Education. 


Mixed 
schools  not 
permitted. 


Extracts 
from  Acts 
1885,  Chap.  82, 
Sec.  2. 
Schools  in 
taxing  dis- 
tricts. 


may  apply  the  common  school  fund  to  which  their  respect- 
ive scholastic  populations  are  entitled  by  law. 

(3)  For  the  purpose  of  erecting,  or  causing  to  be  erected, 
or  purchasing  such  school  buildings  or  houses,  and  fur- 
nishing the  same,  and  for  the  purpose  of  establishing  and 
maintaining  such  high  graded  common  public  schools,  said 
Board  of  Mayor  and  Aldermen  may  levy  and  collect  an 
additional  tax  to  that  imposed  by  or  under  the  general 
provisions  of  the  school  law  upon  all  taxable  polls,  privi- 
leges, and  property  within  the  corporate  limits;   Provided, 
That  the  special  tax  levied  under  this  section,  and  the 
taxes  levied  for  general  municipal  purposes,  shall,  in   no 
case,  exceed  the  rate  of  taxation  for  general  purposes  fixed 
by  charter  limitation. 

(4)  The  Board  of  Mayor  and  Aldermen  of  any  such 
municipal  corporation,  so  establishing  public  schools,  may, 
and  they  shall,  have  full  power  to  appoint  a  Board  of 
Education,  consisting  or  not  exceeding  six  qualified  citi- 
zens residing  within  their  corporate  limits,  which  Board, 
when  so  appointed,  shall  have  full  power  as  trustees  or 
directors  to  manage  and  control  such  schools,  to  elect  or 
employ  well-qualified  teachers,  and  to  prescribe  all  needful 
rules  and  regulations;    and  said  Board  shall  hold  its  office 
as  follows:    Two  for  three  years,  two  for  two  years,  two 
for  one  year,  and  after  the  first  year,  two  Commissioners 
shall  be  elected  each  year,  subject  to  removal  for  good 
cause  by  the  said  Board  of  Mayor  and  Aldermen. 

(5)  Nothing  in   this  act  shall   be  so   construed   as  to 
allow  or  permit  mixed  schools  of  the  white  and  colored 
population,  but  such  schools  shall  be  taught  separately,  as 
now  provided  by  law. 

SEC.  54.  The  Board  of  Commissioners  (of  taxing  dis- 
tricts of  the  second  class)  shall  have  power,  by  ordinance, 
within  the  district,  ...  to  establish  and  maintain  a 
public  school  or  public  schools;  or  said  Commissioners 
may  join  with  the  Public  School  Commissioners  of  the 
Civil  District  in  which  said  Taxing  District  is  located,  in 
maintaining  the  public  schools  located  within  the  limits  of 
said  Taxing  District. 


Act  for  Protection  of  Female 
Boarding  Schools. 


ACTS  1897.     CHAPTER  101. 

AN  ACT  for  the  protection  of  boarding  schools  and  colleges  for  fe- 
males, and  the  principals  and  inmates  thereof. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the  ^$5^^ 


State  of  Tennessee,  That  hereafter  it  shall  be  unlawful  for  ^hfooisale 
any  person,  or  persons,  to  wilfully  and  unnecessarily  in- 
terfere with,  disturb,  or  in  any  way  disquiet  the  pupils 
of  any  school  or  college  for  females  in  this  State,  or  the 
principal  or  teachers  in  charge  of  them,  while  on  any  pub- 
lic road  or  street,  or  in  any  building  or  structure,  or  on 
the  school  premises;  nor  shall  any  communication  be  had, 
for  such  purposes,  with  such  pupils,  or  any  one  of  them, 
either  orally  or  in  writing,  or  by  signs  or  otherwise;  and 
it  shall  also  be  unlawful  for  any  person  to  enter  upon  any 
such  school  or  college  premises,  except  on  business,  with- 
out first  having  obtained  permission  of  the  principal  in 
charge  of  same;  and  every  person  guilty  of  either  of  said 
offenses,  shall  be  deemed  guilty  of  a  misdemeanor,  and 
on  conviction  thereof,  shall  pay  a  fine  of  not  less  than  five 
nor  more  than  fifty  dollars  for  each  offense,  on  the  first 
conviction;  and  upon  the  second,  and  each  subsequent 
conviction,  of  a  like  offense,  shall  pay  a  fine  of  not  less 
than  ten  nor  more  than  fifty  dollars,  and  be  imprisoned 
at  the  discretion  of  the  court,  in  the  county  jail,  not  less 
than  ten  nor  more  than  thirty  (30)  days. 

SEC.  2.     Be  it  further  enacted,  That  it  shall  be  unlaw-  £ 
ful  for  any  person,  or  persons,  to  loiter,  wander,  stand,  female 
or  sit  upon  the  public  roads,  streets,   alleys,  sidewalks, 
or  other  places,  or  to  frequently  and  unnecessarily  pass 


36  PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 

along  the  same  in  such  manner,  and  with  intent  to  annoy, 
vex  or  disturb  the  owners,  lessees  or  occupants  of  any 
premises  in  the  State  used  for  the  purposes  of  a  school  or 
college  for  the  education  of  females,  or  with  intent  to  dis- 
turb, annoy  and  harass  the  teachers,  principal  or  pupils, 
or  any  one  of  them,  as  they  pass  along  the  public  high- 
ways, streets,  or  alleys  of  any  city  in  the  State;  and  any 
person,  or  persons,  violating  this  section  of  this  act  shall 
be  deemed  guilty  of  a  misdemeanor  and,  on  conviction, 
shall  be  fined  and  punished  in  the  same  way,  and  to  the 
same  extent,  as  if  convicted  under  the  first  section  of  this 
act. 


County  High  School. 


ACTS  1899.     CHAPTER  279. 

SECTION  1.     Whenever  it  shall  appear  to  the  County  £hooismayh 
Court  of  any  county  that  the  public  interest  requires  it,  be  estabhshed- 
said  Court  shall  have  power  to  provide  for  establishing 
and  maintaining  one  or  more  county  high  schools  for  the 
instruction  of  the  children  of  the  county;    the  said  high 
school  or  schools  to  be  managed  as  hereinafter  provided. 

SEC.  2.  The  said  Court  for  the  purpose  aforesaid  shall  Tax* 
have  power  to  levy  special  taxes,  in  addition  to  other 
taxes,  for  school  purposes,  not  to  exceed  fifteen  cents  on 
the  one  hundred  dollars  on  all  taxable  property,  to  be 
levied  and  collected  as  other  county  taxes;  and  the  said 
court  shall  also  have  power,  for  the  purpose  aforesaid,  to 
make  appropriations  out  of  any  county  funds  not  other- 
wise appropriated,  except  out  of  the  public  school  funds; 
and  the  funds  arising  from  the  taxes  levied  for  the  pur- 
pose, and  for  the  appropriation  made  for  the  purpose, 
shall  constitute  a  special  fund  to  be  known  as  the  County 
High  School  Fund,  which  shall  be  kept  by  the  County 
Trustee  separate  and  apart  from  all  other  funds,  and  ap- 
plied exclusively  to  the  purpose  aforesaid. 

SEC.  3.     The  management  and  control  of  the  county  high  iS^afd 
school  or  schools  shall  be  vested  in  the  County  High  School  of  Education- 
Board  of  Education,  which  shall  consist  of  seven  members, 
six  of  whom  shall  be  elected  by  the  County  Court  as  soon  as 
the  court  shall  have  decided  to  provide  for  establishing  a 
county  high  school  or  schools,  two  of  whom  shall  be  elected 
to  serve  until  the  following  January  term  of  the  Court, 
two  to  serve  until  the  second  January  term  following  their 
election,  and  two  to  serve  until  the  third  January  follow- 
ing their  election;    at  the  expiration  of  the  terms  of  the 


38 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Branches 

taught; 

grades. 


Three  teach- 
ers. 


Pupils. 


several  members,  their  successors  shall  be  elected  at  the 
respective  January  terms  of  the  Court,  to  serve  three  years. 
Not  more  than  one  member  of  the  board  shall  be  elected 
from  the  same  school  district,  and  the  members  shall  be 
distributed  through  the  different  localities  of  the  county 
as  the  Court  shall  deem  equitable.  The  Court  shall  fill  all 
vacancies  for  unexpired  terms  at  the  quarterly  term  of  the 
Court  after  the  vacancy  occurs,  or  as  soon  thereafter  as 
possible.  The  County  Superintendent  shall  be  ex  officio  a 
member  of  the  Board  of  Education  and  Secretary  thereof, 
and  may  receive  such  compensation  for  his  services  as 
Secretary  as  the  Board  shall  allow,  in  addition  to  his  salary 
as  County  Superintendent. 

SEC.  4.  In  every  county  high  school  shall  be  taught  all 
the  branches  of  study  now  required  or  permitted  by  law 
to  be  taught  in  the  secondary  schools,  excepting  and  ex- 
cluding the  branches  named  to  be  taught  in  the  five  grades 
of  the  primary  schools;  and  in  addition  such  other  high 
school  branches  may  be  taught  as  the  Board  of  Education 
may  prescribe  as  necessary  to  prepare  pupils  for  college  or 
for  business.  The  county  high  schools  shall  be  graded 
by  the  Board  of  Education  under  the  general  regulations 
of  the  State  Superintendent  and  the  supervision  of  the 
County  Superintendent,  beginning  with  the  sixth  grade, 
which  sixth  grade  shall  be  adjusted  for  the  admission  of 
pupils  who  have  completed  the  five  grades  of  the  primary 
schools. 

SEC.  5.  In  order  to  secure  efficient  instruction  for  the 
extensive  course  of  study,  the  Board  shall  employ  in  every 
county  high  school  not  less  than  three  teachers. 

SEC.  6.  The  county  high  school  or  schools  shall  be  open 
to  all  the  children  of  the  county  of  lawful  age  who  shall  be 
otherwise  qualified,  and  who  have  completed  the  primary 
school  course,  or  its  equivalent,  as  tested  by  examination 
or  such  regulations  as  may  be  provided  by  the  Board  for 
the  admission  of  pupils;  Provided,  That  the  county  high 
schools  shall  be  separate  for  white  and  colored  pupils,  as 
provided  by  law  for  all  public  schools. 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  39 


SEC.  7.  The  Board  of  Education  shall  have  power  to 
locate,  establish,  and  manage  the  county  high  school  or 
schools,  to  make  contracts  with  teachers,  draw  warrants  on 
the  County  Trustee  on  account  of  the  high  school  fund,  and 
shall  perform  such  duties  and  exercise  such  powers  with 
respect  to  the  control  and  management  of  the  county  high 
school  or  schools  as  are  now  vested  by  law  in  the  District 
Directors  with  respect  to  the  control  and  management  of 
the  district  schools. 

SEC.  8.  The  County  Board  of  Education  shall  have 
power  to  make  contracts  of  consolidation  with  the  proper  8 
authorities  of  seminaries,  academies,  or  colleges,  or  with 
city  Boards  of  Education,  or  District  Directors,  whereby 
the  county  high  school  may  be  taught  in  said  seminaries, 
academies,  or  colleges,  or  city  or  district  schools  ;  Provided, 
That  the  high  school  branches  be  taught  free  of  charge  to 
all  pupils  of  the  county  entitled  thereto;  And  provided, 
further,  That  the  authority  of  the  State  Superintendent, 
the  County  Superintendent,  the  Board  of  Education,  and 
all  school  officers  shall  be  as  full  and  ample  in  such  consol- 
idated school  as  in  other  county  high  schools;  And  pro- 
vided, further,  That  no  teacher  shall  be  employed  in  teach- 
ing the  said  high  school  branches  unless  said  teacher  shall 
have  a  teacher's  certificate  of  such  grade  as  may  be  pre- 
scribed for  such  service,  the  County  Superintendent  under 
the  general  regulations,  and  unless  the  employment  of  said 
teacher  shall  be  approved  by  the  Board  of  Education. 

SEC.  9.  The  county  high  schools  shall  be  under  the 
general  supervision  of  the  County  Superintendent  and  of  ?ntPs7rerSrts. 
the  State  Superintendent,  as  provided  for  other  public 
schools,  and  it  shall  be  the  duty  of  the  State  Superintend- 
ent to  provide  such  special  blanks  and  forms,  and  general 
regulations,  as  may  be  needed  for  the  examination  of  high 
school  teachers,  for  warrants  of  the  County  Board  of  Edu- 
cation, for  grading  high  schools  and  other  purposes,  and 
to  make  such  changes  in  the  form  of  reports  as  may  be 
necessary  to  adapt  them  to  the  use  of  the  high  schools,  and 
it  shall  be  the  duty  of  the  teachers  of  the  county  high 
schools,  and  of  consolidated  county  high  schools,  and  of 


40 


PUBLIC    SCHOOL  LAWS   OF   TENNESSEE. 


Non-residents 
of  over  school 
age. 


County   Trus- 
tees to  pay 
out  fund, 
etc. 


County  Boards  of  Education,  to  make  reports  on  the  pre- 
scribed blanks  and  forms  at  the  time  provided  by  law  for 
the  reports  of  other  public  schools,  and  in  accordance  with 
the  regulations  of  State  and  County  Superintendents. 

SEC.  10.  The  County  Board  of  Education  shall  have 
power  to  admit  as  pupils  in  the  county  high  school  or 
schools,  persons  over  the  school  age,  or  non-residents  of  the 
county,  upon  the  payment  of  such  reasonable  rates  of 
tuition,  and  under  such  regulations  as  may  be  prescribed 
by  the  Board  for, persons  not  entitled  to  admission  in  said 
schools  free  of  charge. 

SEC.  11.  It  shall  be  the  duty  of  the  County  Trustee  to 
pay  all  warrants  legally  drawn  by  said  Board  of  Education 
on  account  of  the  county  high  school  fund,  to  keep  an  accu- 
rate account  of  said  fund,  and  to  render  report  of  same  to 
the  said  Board  of  Education,  and  to  the  proper  officers  as 
now  provided  by  law  with  respect  to  other  school  funds. 


Text-Book  Law. 


ACTS  1899.     CHAPTER  205. 

SEC.  1.  The  Governor  and  State  Superintendent  of  £e™t£i?sion 
Public  Instruction,  together  with  three  members  of  the 
State  Board  of  Education  to  be  named  by  the  Governor, 
and  to  serve  for  five  years,  shall  be,  and  are  hereby,  con- 
stituted a  State  Text-book  Commission,  whose  duty  it  is 
to  select  and  adopt  a  uniform  series  or  system  of  text-books 
for  use  in  the  primary  and  secondary  public  schools  in  the 
State  of  Tennessee,  and  for  use  in  the  incorporated  cities 
or  towns  in  the  high  graded  common  schools.  Said  com- 
mission is  hereby  authorized,  empowered,  and  directed  to  Srect^fto11 
select  and  adopt  a  uniform  system  or  series  of  text-books  f<?r<mttext~ 
for  use  in  the  public  schools  in  this  State,  as  above  indi-  b 
cated,  and  when  so  selected  and  adopted,  the  text-books 
shall  be  used  for  a  period  of  five  years,  in  all  the  public 
schools  of  this  State,  and  it  shall  not  be  lawful  for  any 
school  officer,  director,  or  teacher  to  use  any  other  books 
upon  the  same  branches,  other  than  those  adopted  by  said 
State  Text-book  Commission.  Said  uniform  series  shall  SlSy.he*0 
include  the  following  branches  of  study,  to-wit:  Orthog- 
raphy, reading,  writing,  arithmetic,  geography,  grammar, 
language  lessons,  history  of  Tennessee,  containing  the  con- 
stitution of  the  State,  history  of  the  United  States,  con- 
taining the  constitution  of  the  United  States,  physiology 
and  hygiene,  elementary  geology  of  Tennessee,  elementary 
principles  of  agriculture,  elements  of  algebra,  elements  of 
plane  geometry,  elements  of  natural  philosophy,  bookkeep- 
ing, elements  of  civil  government,  rhetoric,  and  higher 
English,  and  such  other  branches  of  study  in  addition  to 
the  foregoing  as  said  commission  may  select  and  designate 
for  use  in  the  high  graded  common  schools  in  the  incorpo- 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 


Subcommis- 
sion  author- 
ized. 


Duties  of 
subcommis- 

sion. 


rated  cities  and  towns  of  this  State;  Provided,  That  none 
of  said  text-books  shall  contain  anything  of  a  partisan  or 
sectarian  character.  It  shall  be  the  duty  of  said  commis- 
sion to  appoint  a  subcommission  of  five,  to  be  selected 
from  among  the  teachers,  city  or  county  superintendents 
actually  engaged  in  the  school  business  in  this  State,  pro- 
vided that  not  more  than  one  of  these  shall  be  taken  from 
any  congressional  district,  to  whom  shall  be  referred  all 
books  sent  to  the  State  Text-book  Commission  as  specimen 
copies,  or  samples,  upon  which  bids  are  to  be  based,  and 
it  shall  be  the  duty  of  said  subcommission,  in  executive 
session,  to^  examine  and  report  upon  the  merits  of  the 
books,  irrespective  of  the  price,  taking  into  consideration 
the  subject-matter  of  the  books,  their  printing,  their  ma- 
terial and  mechanical  qualities,  and  their  general  suit- 
ability and  desirability  for  the  purposes  for  which  they 
are  desired  and  intended.  It  shall  further  be  the  duty  of 
said  subcommission  to  report  to  the  commission,  at  such 
time  as  said  commission  shall  direct,  arranging  each  book 
in  its  class  or  division,  and  reporting  them  in  the  order 
of  their  merit,  pointing  out  the  merits  and  demerits  of 
each  book,  and  indicating  what  book  they  recommend  for 
adoption  first;  what  book  is  their  second  choice;  what 
their  third  choice,  and  so  on,  pursuing  this  plan  with  the 
books  submitted  upon  each  branch  of  study.  And  if  said 
subcommission  shall  consider  different  books  upon  the 
same  subject,  or  of  the  same  class  or  division,  of  approx- 
imately equal  merit,  all  things  being  considered,  they  shall 
so  report,  and  if  they  consider  that  any  of  the  books  offered 
are  of  such  class  as  to  make  them  inferior  and  not  worthy 
of  adoption,  tl\ey  shall,  in  their  report,  so  designate  such 
books,  and  in  said  report  they  shall  make  such  recom- 
mendations and  suggestions  to  the  commission  as  they 
shall  deem  advisable  and  proper  to  make.  Said  report 
shall  be  kept  secret  and  sealed  up  and  delivered  to  the 
secretary  of  the  commission,  and  said  report  shall  not  be 
opened  by  any  member  of  the  commission  until  the  com- 
mission shall  meet  in  executive  session  to  open  and  con- 
sider the  bids  or  proposals  of  publishers,  or  others,  desir- 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE.  43 

ing  to  have  books  adopted  by  said  commission.  Each 
member  of  said  subcommission,  before  entering  upon  the 
discharge  of  his  duties,  shall  take  and  subscribe  to  an  oath 
to  act  honestly,  conscientiously,  and  faithfully,  and  that 
he  is  not  directly  or  indirectly,  in  any  manner  interested 
in  any  of  the  proposed  contracts,  nor  in  any  book,  or  pub- 
lishing concern  publishing  any  books  of  the  kind  or  char- 
acter contemplated  for  use  in  the  public  schools  of  this  or 
any  other  State,  and  that  he  will  examine  all  books  sub- 
mitted carefully  and  faithfully  and  make  true  report  there- 
on, as  herein  directed  and  prescribed.  Said  oath  shall  be 
filed  in  the  office  of  the  Secretary  of  State.  Said  Text- 
book Commission  shall  hear  and  consider  said  report  in 
its  selection  and  adoption  of  the  uniform  series  of  text- 
books, and  shall  also  themselves  consider  the  merits  of  the 
books,  taking  into  consideration  their  subject-matter,  the 
printing,  binding,  material  and  mechanical  qualities,  and 
their  general  suitability  and  desirability  for  the  purposes 
intended,  and  the  price  of  said  books,  and  they  shall  give 
due  consideration  and  great  weight  to  the  report  and  rec- 
ommendations of  said  subcommission;  Provided,  That  no 
text-book  the  subject  matter  of  which  is  of  inferior  quality,  uonof361* 
shall  be  adopted  by  the  Text-book  Commission.  Said  book8' 
commission  shall  select  and  adopt  such  books  as  will,  in 
their  best  judgment,  accomplish  the  ends  desired,  and  they 
are  hereby  authorized  and  directed,  in  case  any  book  or 
books  are  deemed  by  them  suitable  for  adoption,  and  more 
desirable  than  other  book  or  books  of  the  same  class  or 
division  submitted,  and  they  further  consider  the  price  at 
which  such  book  or  books  are  offered  to  be  unreasonably 
high,  and  that  it  should  be  offered  at  a  smaller  price,  to 
immediately  notify  the  publisher  or  offerer  of  such  book 
or  books  of  their  decision,  and  request  such  reduction  in 
price  as  they  deem  reasonable  or  just,  and  if  they  and 
such  publisher  shall  agree  on  a  price,  they  may  adopt  this 
book  or  books,  but  if  not,  they  shall  use  their  own  sound 
judgment  and  discretion  whether  they  will  adopt  that,  or 
the  book  or  books  deemed  by  them  next  best  in  the  list 
submitted.  And  when  said  Text-book  Commission  shall 


44 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 


How  the 
commission 
shall  be  con- 
stituted. 


Bids  to  be 
advertised 
for. 


Requirements 
of  bidders. 


have  finished  with  the  report  of  said  subcommission,  the 
said  report  shall  be  filed  and  preserved  in  the  office  of  the 
State  Superintendent  of  Public  Instruction,  and  shall  be 
open  at  all  times  for  public  inspection. 

SEC.  2.  Said  text-book  commission  shall,  immediately 
after  the  passage  of  this  Act,  meet  and  organize,  the  Gov- 
ernor being  ex  officio  president  of  the  commission,  and 
the  commission  shall  elect  its  secretary.  As  soon  as  prac- 
ticable, not  later  than  thirty  days  after  its  organization, 
the  commission  shall  advertise,  in  such  manner,  and  for 
such  length  of  time,  and  at  such  places,  as  may  be  deemed 
advisable,  that  at  a  time  and  place  fixed  definitely  in  said 
advertisement,  sealed  bids  or  proposals  will  be  received 
from  the  publishers  of  school  text-books  for  furnishing 
books  to  the  public  schools  in  the  State  of  Tennessee, 
through  agencies  established  by  said  publishers  in  the 
several  counties,  and  places  in  counties,  in  the  State,  as 
may  be  provided  for  in  such  regulations  as  said  commis- 
sion may  adopt  and  prescribe.  The  bids  or  proposals  to 
be  for  furnishing  the  books  for  a  period  of  five  years,  and 
no  longer,  and  that  no  bid  for  a  longer  period  would  be 
considered.  Said  bid  or  bids  shall  state  specifically  and 
definitely  the  price  at  which  the  book  or  books  will  be  fur- 
nished, and  shall  be  accompanied  by  one  or  more  specimen 
copies  of  each  and  every  book  proposed  to  be  furnished, 
and  it  shall  be  required  of  each  bidder  to  deposit  with  the 
Treasurer  of  the  State  a  sum  of  money  such  as  the  com- 
mission may  require,  not  less  than  five  hundred  ($500) 
dollars,  nor  more  than  twenty-five  hundred  ($2,500)  dol- 
lars, according  to  the  number  of  books  each  bidder  may 
propose  to  supply,  and  notice  shall  further  be  given  in 
said  advertisement  that  such  deposits  shall  be  forfeited 
absolutely  to  the  State,  if  the  bidder  making  the  deposit 
of  any  sum  shall  fail,  or  refuse,  to  make  and  execute  such 
contract  and  bond  as  is  hereinafter  required,  within  such 
time  as  the  commission  may  require,  which  time  shall  also 
be  stated  in  said  advertisement.  All  bids  shall  be  sealed 
and  deposited  with  the  Secretary  of  State  to  be  by  him 
delivered  to  the  commission  when  they  are  in  executive 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  45 

session,  for  the  purpose  of  considering  the  same,  when 
they  shall  be  opened  in  the  presence  of  the  commission. 

SEC.  3.  It  shall  be  the  duty  of  the  said  Text-book  Com-  SJSSfiE,?' 
mission  to  meet  at  the  time  and  place  designated  in  such 
notice,  or  advertisement,  and  take  out  the  sample  or  speci- 
men copies  submitted,  upon  which  the  bids  are  based,  and 
refer  and  submit  these  to  the  subcommission,  as  provided 
for  and  directed  in  Section  1  of  this  Act,  with  instructions 
to  said  subcommission  to  report  back  to  them  at  a  time 
specified,  with  their  report,  classification  and  recommen- 
dations, as  provided  in  Section  1.  When  the  said  report 
is  submitted  it  shall  be  the  duty  of  the  said  Text-book 
Commission  to  meet  in  executive  session,  to  open  and  ex- 
amine all  sealed  proposals  submitted  and  received  in  pur- 
suance of  the  notice  of  advertisement  provided  for  in 
Section  2  of  this  Act.  It  shall  then  be  the  duty  of  said 
commission  to  examine  and  consider  carefully  all  such 
bids  or  proposals,  together  with  the  report  and  recom- 
mendations of  the  subcommission,  and  determine  in  the  ^considered. 
manner  provided  in  Section  1  of  this  Act  what  book  or 
books,  upon  the  branches  hereinabove  mentioned,  shall  be 
selected  for  adoption,  taking  into  consideration  the  size, 
quality  as  to  subject-matter,  material,  printing,  binding, 
and  the  mechanical  execution  and  price,  and  the  general 
suitability  for  the  purpose  desired  and  intended;  Pro- 
vided, however,  That  all  books  selected  or  adopted  shall 
be  written  or  printed  in  English.  After  their  selection  for 
adoption  shall  have  been  made,  the  said  commission  shall, 
by  registered  letter,  notify  the  publishers,  or  proposers, 
to  whom  the  contracts  have  been  awarded,  and  it  shall 
then  be  the  duty  of  the  Attorney  General  of  the  State  to 
prepare  the  said  contract  or  contracts  in  accordance  with  pe 
the  terms  and  provisions  of  this  Act,  and  the  said  contract  * 
shall  be  executed  by  the  Governor  and  Secretary  of  State, 
with  the  seal  of  the  State  attached  upon  the  part  of  the 
State  of  Tennessee,  and  the  said  contract  shall  be  executed 
in  triplicate,  one  copy  to  be  kept  by  the  contractor,  one 
copy  by  the  secretary  of  the  Text-book  Commission,  and 
,  copied  in  full  in  the  minute  book  of  said  commission,  and 


Ccon-pre 


46 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Bond  to  be 
executed. 


Bond    may    be 
sued  on  from 
time  to  time. 


Forfeiture  for 
failure  to 
observe  con- 
tract. 


one  copy  to  be  filed  in  the  office  of  the  Secretary  of  State. 
At  the  time  of  the  execution  of  the  contract  aforesaid, 
the  contractor  shall  enter  into  a  bond  in  the  sum  of  not 
less  than  ten  thousand  dollars,  nor  more  than  thirty  thou- 
sand dollars,  payable  to  the  State  of  Tennessee,  the  amount 
of  said  bond  within  said  limits,  to  be  fixed  by  said  com- 
mission, conditioned  for  the  faithful,  honest,  and  exact 
performance  of  his  contract,  and  shall  further  provide  for 
the  payment  of  reasonable  attorneys'  fees  in  case  of  recov- 
ery in  any  suit  upon  the  same,  with  three  or  more  good 
and  solvent  sureties,  actual  citizens  and  residents  of  the 
State  of  Tennessee,  or  any  guarantee  company  authorized 
to  do  business  in  the  State  of  Tennessee  may  become  the 
surety  on  the  said  bond,  and  it  shall  be  the  duty  of  the 
Attorney  General  to  prepare  and  approve  said  bond ;  Pro- 
vided, however,  That  said  bond  shall  not  be  exhausted  by 
a  single  recovery,  but  may  be  sued  on  from  time  to  time, 
until  the  full  amount  thereof  shall  be  recovered,  and  the 
said  commission  may,  at  any  time,  by  giving  thirty  days' 
notice,  require  additional  security  or  additional  bond 
within  the  limits  prescribed.  And  when  any  person,  firm, 
or  corporation  shall  have  been  awarded  a  contract,  and  sub- 
mitted therewith  the  bond,  as  required  hereunder,  the 
commission,  through  its  secretary,  shall  so  inform  the 
Treasurer  of  the  State,  and  it  shall  then  be  the  duty  of  the 
Treasurer  to  return  to  such  contractor  the  cash  deposit 
made  by  him,  and  the  said  commission,  through  its  secre- 
tary, shall  inform  the  Treasurer  of  the  names  of  the  un- 
successful bidders  or  proposers,  and  the  Treasurer  shall, 
upon  receipt  of  this  notice,  return  to  them  the  amount 
deposited  in  cash  by  them  at  the  time  of  the  submission 
of  their  bids.  But  should  any  person,  firm,  company,  or 
corporation  fail  or  refuse  to  execute  the  contract,  and 
submit  therewith  his  bond  as  required  by  this  Act  within 
thirty  days  of  the  awarding  of  the  contract  to  him,  and 
the  mailing  of  the  registered  letter  containing  the  notice, 
provided  the  mailing  of  the  registered  letter  shall  be 
sufficient  evidence  that  the  notice  was  given  and  received, 
the  said  cash  deposit  will  be  deemed,  and  is  hereby  de- 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE.  47 

clared,  forfeited  to  the  State  of  Tennessee,  and  it  shall 
be  the  duty  of  the  Treasurer  to  place  said  cash  deposit  in 
the  treasury  of  the  State,  to  the  credit  of  the  school  fund ; 
And  provided,  further,  That  any  recovery  had  on  any  bond 
given  by  any  contractor,  shall  inure  to  the  benefit  of  the  fund' 
school  fund  of  the  State  and  counties,  and  when  collected 
shall  be  placed  in  the  treasury  to  the  credit  of  the  school 
fund,  and  be  prorated  among  the  several  counties  of  the 
State. 

SEC.  4.  The  books  furnished  under  any  contract  shall  Sme 
at  all  times,  during  the  existence  of  the  contract,  be  equal  8 
to,  in  all  respects,  the  specimen  or  sample  copies  furnished 
with  bids;  and  it  shall  be  the  duty  of  the  Secretary  of 
State  to  carefully  preserve  in  his  office,  as  the  standards  of 
quality  and  excellence  to  be  maintained  in  such  books 
during  the  continuance  of  such  contract,  the  specimen  or 
sample  copies  of  all  books  which  have  been  the  basis  of 
any  contract,  together  with  the  original  bid  or  proposal. 
It  shall  be  the  duty  of  all  contractors  to  print  plainly  on 
the  back  of  each  book  the  contract  price  as  well  as  the 
exchange  price  at  which  it  is  agreed  to  be  furnished,  but 
the  books  submitted  as  sample  or  specimen  copies  with  the 
original  bids  shall  not  have  the  price  printed  on  them 
before  they  are  submitted  to  the  subcommission.  And  the 
said  Text-book  Commission  shall  not,  in  any  case,  contract  not°exc£edS 
with  any  person,  publisher,  or  publishers,  for  the  use  of  e!aewhererged 
any  book  or  books  which  are  to  be  or  shall  be  sold  to  patrons  conditions, 
for  use  in  any  public  school  in  this  State,  at  a  price  above 
or  in  excess  of  the  price  at  which  such  book  or  books  are 
furnished  by  said  person,  publisher,  or  publishers,  under 
contract  to  any  State,  county,  or  school  district  in  the 
United  States,  under  like  conditions  prevailing  in  this 
State,  and  under  this  Act.  And  it  shall  be  stipulated  in 
each  contract  that  the  contractor  has  never  furnished,  and 
is  not  now  furnishing  under  contract,  any  State,  county, 
or  school  district  in  the  United  States,  where  like  condi- 
tions prevail  as  are  prevailing  in  this  State,  and  under  this 
Act,  the  same  book  or  books  as  are  embraced  in  said  con- 
tract, at  a  price  below  or  less  than  the  price  stipulated  in 


48 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Commission 
authorized 
to  act  if  ex- 
cess price  is 
charged. 


State  not 
liable 


Books  now  in 
use  may  be 
exchanged. 


the  said  contract.  And  the  said  commission  is  hereby 
authorized  and  directed,  at  any  time  they  may  find  that 
for  use  in  any  public  school  in  this  State,  at  a  price  above 
any  book  or  books  have  been  sold  at  a  lower  price  under 
contract  to  any  State,  county,  or  school  district  aforesaid, 
to  sue  upon  the  bond  of  said  contractor,  and  recover  the 
difference  between  the  contract  price  and  the  lower  price 
at  which  they  find  the  book  or  books  have  been  sold.  And 
in  case  any  contractor  shall  fail  to  execute  specifically  the 
terms  and  provisions  of  his  contract,  said  commission  is 
hereby  authorized,  empowered,  and  directed  to  bring  suit 
upon  the  bond  of  such  contractor  for  the  recovery  of  any 
and  all  damages,  the  suit  to  be  in  the  name  of  the  State  of 
Tennessee,  and  the  recovery  for  the  benefit  of  the  public 
school  fund.  But  nothing  in  this  Act  shall  be  construed  so 
as  to  prevent  said  commission  and  any  contractor  agreeing 
thereto,  from  in  any  manner  changing  or  altering  any  con- 
tract, provided  four  members  of  the  commission  shall 
agree  to  the  change  and  think  it  advisable  and  for  the  best 
interests  of  the  public  schools  of  this  State.  In  all  other 
matters  a  majority  of  said  commission  shall  control. 

SEC.  5.  It  shall  be  always  a  part  of  the  terms  and  con- 
ditions of  every  contract  made  in  pursuance  of  this  act 
that  the  State  of  Tennessee  shall  not  be  liable  to  any  con- 
tractor, in  any  manner,  for  any  sum  whatever,  but  all  such 
contractors  shall  receive  their  pay  or  consideration  in 
compensation  solely  and  exclusively  derived  from  the  pro- 
ceeds of  the  sale  of  books,  as  provided  for  in  this  Act; 
Provided,  further,  That  the  commission  shall  stipulate  in 
the  contract  for  the  supplying  of  any  book  or  books  as 
herein  provided,  that  the  contractor  or  contractors  shall 
take  up  the  school  books  now  in  use  in  this  State,  and  re- 
ceive the  same  in  exchange  for  new  books  at  a  price  not 
less  than  fifty  per  cent  of  the  contract  price.  And  each 
person  or  publisher  making  a  bid  for  the  supplying  of  any 
book  or  books  hereunder  shall  state  in  such  bid  or  proposal 
the  exchange  price  at  which  such  book  or  books  will  be 
furnished. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  49 

SEC.  6.  The  text-book  commission  shall  have  and  re-  b"rejected?y 
serve  the  right  to  reject  any  and  all  bids  or  proposals  if 
they  shall  be  of  opinion  that  any  or  all  should,  for  any 
reason,  be  rejected.  And  in  case  they  fail,  from  among 
the  bids  or  proposals  submitted,  to  select  or  adopt  any 
book  or  books,  upon  any  of  the  branches  mentioned  in 
Section  1  of  this  Act,  they  may  readvertise  for  sealed  bids 
or  proposals  under  the  same  terms  and  conditions  as  be-  for* 
fore,  and  proceed  in  their  investigation  in  all  respects  as 
they  did  in  the  first  instance,  and  as  required  by  the  terms 
and  provisions  of  this  Act,  or  they  may  advertise  for  sealed 
bids  or  proposals  from  authors  or  publishers  of  text-books 
who  have  manuscripts  of  books  not  yet  published,  for 
prices  at  which  they  will  publish  and  furnish  in  book  form, 
such  manuscripts,  or  for  prices  at  which  they  will  sell  such 


manuscripts,  together  with  the  copyright  of  such  books,  ered?ns' 

for  use  in  the  public  schools  in  Tennessee,  proceeding  in 

all  respects  in  like  manner  as  before;  And  provided,  That 

before  accepting  or  rejecting  any  manuscript,  it  shall  be 

their  duty  to  take  the  manuscript  and  to  advertise  for 

sealed  bids  or  proposals  for  publishing  the  same  in  book 

form,  in  like  manner  as  hereinbefore  provided  for,  and 

under  the  same  restrictions  and  conditions,  and  the  con- 

tract may  be  let  for  the  publication  of  all  such  books,  or 

for  any  one  or  more  separately;  And  provided,  further,  That 

the  State  itself  shall  not,  under  any  circumstances,  enter 

into  any  contract  binding  it  to  pay  for  the  publication 

of  any  book  or  books,  but  in  the  contract  with  the  owner 

of  the  manuscript  it  shall  be  provided  that  he  shall  pay 

the  compensation  to  the  publisher  for  the  publication  and 

putting  in  book  form  the  manuscript,  together  with  the 

costs  and  expense  of    copyrighting  the  same;    and  pro- 

vided, further,  That  in  all  cases  bids  or  proposals  shall  be 

accompanied  with  the  cash  deposit  of  from  five  hundred  Cash  deposlt> 

dollars  to  twenty-five  hundred  dollars,  as  the  commission 

may  direct,  and  as  provided  in  Section  2  of  this  Act. 

And  it  is  further  expressly  provided  that  any  person,  firm, 

or  corporation  now  doing  business,  or  proposing  to  do 

business,  in  the  State  of  Tennessee,  shall  have  the  right  to 


50 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


How  bids  shall 
be  submitted. 


Governor  to 
issue  procla- 
mation. 


Depositories 
provided  for. 


bid  for  the  contract  to  be  awarded  hereunder,  in  manner 
as  follows:  In  response  to  the  advertisement,  when  made 
as  hereinbefore  provided,  said  person,  firms,  or  corpora- 
tion may  submit  a  written  bid  or  bids  to  edit  or  have 
edited,  publish  and  supply  for  use  in  the  public  schools 
in  this  State,  any  book  or  books  provided  for  hereunder, 
provided  that  instead  of  filing  with  said  bid  or  proposal 
a  sample  or  specimen  copy  of  each  book  proposed  to  be 
furnished,  he  may  exhibit  to  the  commission  in  manu- 
script or  printed  form  the  matter  proposed  to  be  incorpo- 
rated in  any  book,  together  with  such  a  description  and 
illustration  of  the  form  and  style  thereof,  as  will  be  fully 
intelligible  and  satisfactory  to  the  said  commission,  or 
they  may  submit  a  book  or  books,  the  equal  of  which,  in 
every  way,  they  propose  to  furnish,  and  they  shall  accom- 
pany their  bid  or  proposal  with  the  cash  deposit  herein- 
before provided  for,  and  shall  enter  into  contract  and 
bond  as  hereinbefore  provided,  except  that  the  bond  may 
be,  in  this  instance,  increased  to  fifty  thousand  dollars; 
Provided,  That  all  books  and  manuscripts  offered  shall  be 
examined  and  reported  upon  by  the  subcommission  pro- 
vided for  in  Section  1  of  this  Act. 

SEC.  7.  As  soon  as  said  commission  shall  have  entered 
into  a  contract  or  contracts  for  the  furnishing  or  supply- 
ing of  books  for  use  in  the  public  schools  in  this  State,  it 
shall  be  the  duty  of  the  Governor  to  issue  his  proclama- 
tion announcing  such  fact  to  the  people  of  the  State. 

SEC.  8.  The  party  or  parties  with  whom  the  contract 
shall  be  made  shall  establish  and  maintain  in  some  one 
city  in  each  of  the  three  grand  divisions  of  the  State,  a 
depository,  to  be  designated  by  the  commission,  where  a 
stock  or  supply  of  the  books  sufficient  to  meet  all  immedi- 
ate demands  shall  be  kept.  There  shall  also  be  main- 
tained in  each  county  in  the  State,  provided  the  commis- 
sion shall  deem  it  advisable,  and  so  demand,  not  less  than 
one  nor  more  than  four  agencies,  for  the  distribution  of 
the  books  to  the  patrons,  or  the  contractor  shall  be  per- 
mitted to  make  arrangements  with  merchants  or  others 
for  the  handling  and  distribution  of  the  books,  "but  the 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  51 

depositories  shall  appoint  only  agents  or  merchants  who  chap!??!' 
are  citizens  and  residents  of  said  counties,  and  said  agents 
shall  sell  and  exchange  books  only  in  the  State  of  Tennes- 
see";  and  parties  living  in  a  county  where  no  agency  has 
been  established,  or  no  arrangements  made  for  distribution 
may  order  the  same  from  one  of  the  depositories,  and  it 
shall  be  the  duty  of  the  contractor  to  deliver  any  book  or 
books  so  ordered,  to  the  person  ordering,  to  his  postoffice 
address,  freight,  express,  postage,  or  other  charges  prepaid, 
at  the  retail  contract  price,  provided  the  price  of  the  book  in 
books  so  ordered  shall  be  paid  in  advance.  But  nothing 
in  this  act  shall  be  so  construed  as  to  prohibit  any  merchant  Acts'i9oif 
or  dealer  from  buying  and  selling  said  books.  All  books  shall 
be  sold  to  the  consumer  at  the  retail  contract  price,  and  in 
each  book  shall  be  printed  the  following:  "The  price  fixed 
hereon  is  fixed  by  State  contract,  and  any  deviation  there- 
from shall  be  reported  to  your  County  Superintendent  of 
Public  Instruction,  or  the  State  Superintendent  at  Nash- 
ville." And  it  is  expressly  provided  that  should  any 
party  contracting  to  furnish  books  as  provided  for  in  this 
act,  fail  to  furnish  them,  or  otherwise  breach  his  contract, 
in  addition  to  the  right  of  the  State  to  sue  on  the  bond 
hereinabove  required,  the  Chairman  of  the  County  Court 
or  County  Judge  may  sue  in  the  name  of  the  State  of 
Tennessee,  in  any  court  of  his  own,  or  any  other  county 
having  jurisdiction,  and  recover  on  the  bond  given  by  the  ^Sationyal 
contractor  the  full  value  of  the  books  so  failed  to  be  fur-  toprice- 
nished,  for  the  use  and  benefit  of  the  school  fund  of  the 
county;  Provided,  That  the  right  of  action  given  to  the 
Chairman  or  County  Judge  shall  be  limited  to  breaches 
of  the  contract  committed  in  this  county;  And  provided, 
further,  That  in  all  cases  service  of  process  may  be  had 
and  deemed  sufficient  on  any  agent  of  the  contractor  in 
the  county,  or  if  no  agent  is  in  the  county,  then  service 
may  be  had  on  the  agent  in  charge  of  any  depository,  and 
this  service  shall  be  and  stand  in  the  place  of  service  on 
the  defendant  contractor. 

SEC.  9.     Said  commission  may  from  time  to  time  make 
any  necessary  regulations  not  contrary  to  provisions  of 


52 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


Commission 
to  maintain 
its  organiza- 
tion five 
years. 


State  Super- 
intendent to 
announce 
books  selected 
to  County 
Superintend- 
ents. 


Books  adopted 
to  be  used 
exclusively. 
Suplementary 
books. 


As  to  higher 
branches. 


this  act,  to  secure  the  prompt  distribution  of  the  books 
herein  provided  for,  and  the  prompt  and  faithful  execu- 
tion of  all  contracts,  and  it  is  expressly  now  provided  that 
said  commission  shall  maintain  its  organization  during  the 
five  years  of  the  continuance  of  the  contract,  and  after 
the  expiration  of  the  same  to  renew  such  of  them  as  they 
deem  advisable,  or  readvertise  for  new  bids  or  proposals, 
as  required  by  this  act  in  the  first  instance,  and  enter  into 
such  other  contracts  as  they  may  deem  for  the  best  in- 
terests of  the  patrons  of  the  public  schools  of  the  State, 
provided  any  contract  entered  into  or  renewed  shall  be  for 
the  term  of  five  years. 

SEC.  10.  As  soon  as  practicable  after  the  adoption  pro- 
vided for  in  this  act,  the  State  Superintendent  shall  issue 
a  circular  letter  to  each  City  and  County  Superintendent 
in  the  State,  and  to  such  others  as  he  may  desire  to  send 
it,  which  letter  shall  contain  the  list  of  books  adopted, 
the  prices,  location  of  agencies,  and  method  of  distribu- 
tion, and  such  other  information  as  he  may  deem  necessary. 

SEC.  11.  As  soon  after  the  passage  of  this  act  as  may 
be  practicable,  and  the  commission  shall  deem  advisable, 
the  books  adopted  as  a  uniform  system  of  text-books, 
shall  be  introduced  and  used  as  text-books,  to  the  exclusion 
of  all  others  in  all  the  public  free  schools  in  this  State; 
Provided,  That  nothing  herein  shall  be  construed  to  pre- 
vent the  use  of  supplementary  books,  but  such  supple- 
mentary books  shall  not  be  used  to  the  exclusion  of  the 
books  prescribed  or  adopted  under  the  provisions  of  this 
act;  And  provided,  further,  That  nothing  in  this  act  shall 
be  construed  to  prohibit  the  use  in  public  schools  of  any 
text-book  upon  any  branch  mentioned  in  Section  1  of  this 
act,  where  the  commission  shall  not  select  or  adopt  a 
book  for  that  branch  or  subject;  And  provided, further, 
That  nothing  in  this  act  shall  prevent  the  teaching  in  any 
school  [of]  any  branch  higher  or  more  advanced  than  is 
embraced  in  Section  1  of  this  act,  nor  the  using  of  any 
book  upon  such  higher  branch  of  study,  provided  that 
such  higher  branches  shall  not  be  taught  to  the  exclusion 
of  branches  mentioned  and  set  out  in  Section  1  of  this  act. 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 


53 


SEC.  12.  Nothing  herein  shall  be  construed  to  prevent 
or  prohibit  the  patrons  of  the  public  schools  throughout 
the  State  from  procuring  books  in  the  usual  way  in  case 
no  contract  shall  be  made,  or  the  contractor  fails  or  re- 
fuses to  furnish  the  books  provided  for  in  this  act,  at  the 
time  required  for  their  use  in  the  respective  schools. 

SEC.  13.  Any  person  or  teacher  violating  the  provisions 
of  this  act  shall  become  guilty  of  a  misdemeanor,  and 
upon  conviction,  punished  by  a  fine  of  not  less  than  ten 
dollars,  nor  more  than  fifty  dollars. 

SEC.  14.  Any  teacher  who  shall  use,  or  permit  to  be 
used,  in  his  or  her  school,  any  text-book  upon  the  branches 
embraced  in  this  act,  where  the  commission  has  adopted 
a  book  upon  that  branch,  other  than  the  one  so  adopted, 
shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction, 
punished  as  provided  for  in  Section  13  of  this  act. 

SEC.  15.  Any  dealer,  clerk,  or  agent,  who  shall  sell  any 
book  for  a  greater  sum  than  the  contract  price,  shall  be 
guilty  of  a  misdemeanor,  and  upon  conviction  shall  be 
punished  as  provided  for  in  Section  13  of  this  act. 

SEC.  16.  The  sum  of  one  thousand  dollars,  or  so  much 
thereof  as  may  be  necessary,  to  be  paid  out  of  the  public 
school  fund,  be,  and  is  hereby,  appropriated  for  the  pur- 
pose of  paying  the  cost  and  expense  of  carrying  into  effect 
the  provisions  of  this  act. 

SEC.  17.  Said  text-book  commission  shall  serve  with- 
out  compensation,  and  members  of  the  subcommission  of 
five  shall  be  paid  a  per  diem  of  four  dollars  per  day  dur- 
ing the  time  they  are  actually  engaged,  not  to  exceed 
sixty  days,  and  in  addition  shall  be  repaid  all  money  ac- 
tually expended  by  them  in  the  payment  of  necessary  ex- 
penses, to  be  paid  out  of  the  public  school  fund,  and  they 
shall  make  out  and  swear  to  an  itemized  statement  of  such 
expenses. 


£Jcto?rfaiis~ 
book™181 


E 


teacher  for 
adopted. 


agent'for  viola- 
™0 


f0?Pca?rying0n 


ben  of  sub?" 


County  Board  of  Education. 


County  Board. 


School  districts 
to  be  created. 


Members  of 
County  Board. 


How  elected, 
and  qualified. 


ACTS  1907.     CHAPTER  236. 

AN  ACT  to  be  entitled  "An  Act  to  improve  the  public  school  system 
of  Tennessee  by  creating  in  each  county  a  County  Board  of  Educa- 
tion and  District  Advisory  Boards,  and  prescribing  their  duties,  and 
abolishing  the  office  of  District  Directors." 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  in  each  county  of  the  State  of 
Tennessee,  the  office  of  District  Directors  shall  be  abol- 
ished, and  that  the  schools  shall  be  under  the  management 
and  control  of  a  County  Board  of  Education  and  a  District 
Board  of  Advisors,  hereinafter  to  be  provided  for. 

SEC.  2.  Be  it  further  enacted,  That  the  County  Court 
of  each  county  in  the  State  shall,  at  its  session  to  be  held 
the  first  Monday  in  July,  1907,  divide  the  county  into  five 
school  districts,  each  representing  as  nearly  as  practicable 
equal  area  of  territory  or  the  same  number  of  inhabitants; 
Provided,  that  each  of  these  school  districts  shall  be  com- 
posed of  whole  civil  districts;  and,  Provided,  further,  that 
in  counties  having  fewer  than  five  civil  districts,  each  civil 
district  shall  constitute  a  school  district,  and  a  member  of 
the  said  Board  of  Education  be  elected  from  each  of  said 
districts,  and  the  remaining  member  or  members  be  elected 
from  the  county  at  large. 

SEC.  3.  Be  it  further  enacted,  That  one  member  from 
each  of  said  school  districts  and  the  other  members  afore- 
said from  the  county  at  large  shall  constitute  said  County 
Board  of  Education;  Provided,  the  County  Superintend- 
ent shall  be  Secretary  of  the  County  Board  of  Education. 

•  SEC.  4.  Be  it  further  enacted,  That  the  County  Court 
in  the  several  counties  of  the  State,  at  its  July  term,  shall 
elect  a  member  of  the  County  Board  of  Education  from 
each  of  the  school  districts  above  mentioned;  or  where 


PUBLIC   SCHOOL  LAWS  OF  TENNESSEE.  55 

there  be  fewer  than  five  districts,  the  necessary  number,  as 
above  provided  for,  from  the  county  at  large,  which  County 
Board  of  Education  shall  qualify  and  organize  within  ten 
days  after  their  election  by  electing  one  of  their  number 
Chairman;  Provided,  further,  that  the  members  of  the 
County  Board  of  Education  thus  elected  shall  serve  until 
September  1,  1908,  and  that  on  the  first  Thursday  of 
August,  1908,  and  biennially  thereafter  each  member  of 
the  County  Board  of  Education  shall  be  elected  by  the 
qualified  voters  of  the  district,  above  provided  for,  and  in 
counties  with  fewer  than  five  districts  the  necessary  num- 
ber from  the  county  at  large;  and  the  term  of  office  of 
members  thus  elected  shall  bejgin  on  the  first  day  of  Sep- 
tember next  after  said  election,  and  their  tenure  of  office 
shall  be  two  years,  or  until  their  successors  in  office  are 
duly  elected  and  qualified. 

SEC.  5.  Be  it  further  enacted,  That  any  person  shall  whoeli*ible- 
•be  eligible  to  the  office  of  member  of  the  County  Board 
of  Education  who  is  qualified  by  at  least  a  primary  educa- 
tion, such  as  the  primary  public  school  course  to  per- 
form the  duties  required,  and  who  is  a  resident  of  the  dis- 
trict and  a  qualified  voter  therein.  If  he  shall  cease  to 
be  a  resident  thereof,  his  office  shall  be  deemed  vacant. 

SEC.  6.     Be  it  further  enacted,  That  whenever  a  vacancy  Vacancies- 
occurs  among  the  members  of  the  County  Board  of  Edu- 
cation, the  County  Superintendent  of  Public  Instruction 
shall  fill  the  same  by  appointment  upon  being  notified  of 
such  vacancy. 

SEC.  7.     Be  it  further  enacted,  That  the  duties  of  the  chairman. 
Chairman  of  the  County  Board  of  Education  shall  be : 

1.  To  preside  over  the  meetings  of  the  County  Board 
of  Education,  and  to  perform  all  the  functions  of  a  pre- 
siding officer  in  a  deliberative  body;  Provided,  that  in  the 
absence  of  the  Chairman  at  any  meeting,  the  members  of 
the  County  Board  of  Education  present  may  select  a  tem- 
porary Chairman,  who  shall  perform  the  duties  of  the 
Chairman  for  that  meeting;  and,  Provided,  further,  that 
it  shall  require  the  presence  of  three  voting  members  to 
constitute  a  quorum  for  the  transaction  of  business. 


56 


PUBLIC   SCHOOL  LAWS  OF  TENNESSEE. 


Special  meet- 
ings. 


Duties  of 
Secretary. 


Warrants. 


Quarterly 
written   report. 


Keep  records. 


County   Super- 
intendent 
ex-officio 
Secretary. 


Duties  of 

County 

Boards. 


Select 
teachers. 


2.  To  call  special  meetings  of  the  County  Board  of 
Education  whenever  in  his  judgment  the  interest  of  the 
public  schools  requires  it,  and  to  appoint  all  committees 
authorized  by  said  County  Board  of  Education,  and  to 
sign  all  warrants  issued  by  said  County  Board  of  Educa- 
tion. 

SEC.  8.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  Secretary  of  the  County  Board  of  Education : 

1.  To   issue   all   warrants   authorized   by    the    County 
Board  of  Education  upon  the  County  Trustee  for  the  ex- 
penditures of  the  public  school  fund,  and  to  sign  the  same, 
together  with  the  Chairman  of  the  Board. 

2.  To  make  a  written  report  to  the  County  Court  quar- 
terly of  all  expenditures  of  the  public  school  fund  by  items, 
which  accounts  shall  be  audited  by  the  County  Judge  and 
Auditing  Committee  of  the  County  Court. 

3.  To  keep  in  well-bound  books,  to  be  furnished  by  the 
county,  a  full  and  accurate  record  of  each  meeting  of  the 
County  Board  of  Education,  and  accounts  of  all  financial 
transactions,  which  books  shall  be  kept  in  the  office  of  the 
County  Superintendent  of  Public  Instruction. 

SEC.  9.  Be  it  further  enacted,  That  the  County  Super- 
intendent as  ex  officio  Secretary  of  the  County  Board  of 
Education  be  required  to  give  bond,  to  be  approved  by  the 
Chairman  of  the  County  Court,  to  the  amount  of  $500  for 
the  faithful  discharge  of  his  duties. 

SEC.  10.    Be  it  further  enacted: 

1.  That  it  shall  be  the  duty  of  the  County  Board  of 
Education  to  hold  a  regular  meeting  on  the  first  Saturday 
in  July,  October,  January,  and  April  of  each  year,  and 
transact  all  public  school  business;    Provided,  the  Chair- 
man may  call  a  special  meeting  whenever  in  his  judgment 
the  interest  of  the  public  schools  requires  it. 

2.  To  select  teachers,  fix  their  salaries,  erect  buildings, 
repair  and  furnish  schoolhouses,  fix  all  wages  and  inci- 
dental expenses,  and  control  the  expenditure  of  the  public 
school  fund,  except  as  hereinafter  provided  for  the  Ad- 
visory Board. 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  57 


3.  To  run  all  public  schools  in  the  county  as  nearly  as 
practicable  the  same  length  of  time.     If  the  daily  attend- 
ance of  one  or  more  schools  shall  fall  below  the  minimum 
fixed  by  the  County  Board  of  Education,  then  such  school, 
or  schools,  shall  be  suspended  until  an  attendance  can  be 
assured  of  not  less  than  one-fourth  of  the  number  of  pupils 
within  the  territory  of  said  school,  or  schools;    Provided, 
the  County  Board  of  Education  shall  not  fix  the  minimum 
in  any  case  at  less  than  ten  pupils. 

4.  To  locate  schools  where  deemed   most  convenient,  school*?"  c 
having  due  regard  for  lessening  the  number  in  order  to 
improve  the  efficiency  of  the  county  system  of  education. 
Pupils  may  be  permitted  by  the  County  Board  of  Educa- 

tion to  attend  school  in  a  district  other  than  that  in  which 
they  reside  if  more  convenient,  and  they  may  be  permitted 
to  attend  in  another  county  than  that  of  their  residence  if 
more  convenient;  Provided,  it  be  by  agreement  of  the 
County  Board  of  Education  of  both  counties. 

5.  To  receive  monthly  reports  from  the  teachers  of  their  Slchers.fr° 
respective  districts  and  issue  an  order  or  certificate  there- 

for on  the  Chairman  of  the  County  Board  of  Education 
for  warrant  for  salary  due. 

6.  To  visit  the  public  schools  of  their  respective  dis-  Visit  8chools' 
tricts  as  often  as  the  County  Board  of  Education  may  re- 

quire, but  not  less  than  twice  a  year. 

7.  To  act  on  cases  of  appeal  of  pupils  suspended  by 
action  of  the  Advisory  Board. 

8.  To  dismiss  teachers  for  incompetency,  improper  or 
immoral  conduct,  and  inattention  to  duty. 

9.  To  take  care  of,  manage,  and  control  all  school  prop-  property. 
erty;  buy,  transfer,  or  sell  school  property,  and  make  and 

take  proper  conveyances  and  perform  all  duties  now  re- 
quired of  District  Directors  under  Section  20  of  Chapter 
25  of  Acts  of  1873,  and  Chapter  44  of  Acts  of  1859-60, 
which  may  not  be  included  in  the  foregoing  subsection. 

SEC.  11.  Be  it  further  enacted,  That  each  member  of 
the  County  Board  of  Education  shall  make  a  full  and  ac- 
curate report  of  the  public  schools  of  his  district  to  the 


58 


PUBLIC   SCHOOL   LAWS    OF   TENNESSEE. 


Compensation 
of  Boards. 


Local  or 

"Advisory 

Boards." 


Duties  of 
"Advisory 
Boards." 


General 
recommenda- 
tions. 


Written  re- 
port. 


County  Superintendent  of  Public  Instruction  not  later 
than  the  first  day  of  August  of  each  year,  said  report  to 
be  made  on  the  forms  furnished,  and  to  include  the  time 
from  July  1  to  June  30  following,  next  before  the  report 
is  made. 

SEC.  12.  Be  it  further  enacted,  That  each  member  of 
the  County  Board  of  Education  shall  receive  not  less  than 
one  dollar  and  fifty  cents  per  day  nor  more  than  three 
dollars  per  day,  as  determined  by  the  County  Court,  for 
not  more  than  thirty  days  in  a  year,  and  to  be  paid  for 
actual  time  spent  for  attendance  upon  meetings  and  in  vis- 
iting the  schools  of  the  district  as  heretofore  provided. 

SEC.  13.  Be  it  further  enacted,  That  there  shall  be  a 
local  board  of  three  members  from  each  civil  district  in  the 
county,  known  as  the  "Advisory  Board,"  which  Advisory 
Board  shall  be  elected  by  the  qualified  voters  of  the  civil 
district  biennially.  The  first  election  shall  be  held  the  first 
Thursday  in  August,  1908;  Provided,  further,  that  the 
District  Directors  now  in  office  in  said  civil  districts  shall 
constitute  the  Advisory  Board  until  their  successors  are 
elected  and  qualified  under  the  provisions  of  this  Act. 

SEC.  14.  Be  it  further  enacted,  That  the  duties  of  the 
said  Advisory  Board  shall  be  as  follows: 

1.  To  visit  the  schools  and  inspect  the  school  work  in 
their  respective  districts,  to  see  that  the  schoolhouse  is  in 
good   repair  and   properly   equipped   for  work,   that   the 
school  grounds  are  improved  and  properly  kept,  and  that 
the  buildings  are  supplied  with  water,  fuel,  and  other  neces- 
saries. 

2.  To  make  general  recommendations  to   the  County 
Board  for  the  advancement  of  school  interests  in  said  dis- 
tricts, and  to  recommend  to  the  County  Board  of  Educa- 
tion desirable  teachers  for  their  schools. 

3.  To  make  a  written  report  once  a  year  to  the  County 
Board,  or  oftener  if  required  by  the   said   County  Board, 
in  relation  to  the  matters  committed  to  said  Advisory 
Board. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  50 


Scholastic 
census. 


4.  To  have  the  Secretary  enumerate  the  scholastic  popu- 
lation of  the  civil  district  annually  during  the  month  of 
July,  and  report  same  to  the  Secretary  of  the  County  Board 
of  Education,  and  the  Secretary  of  said  Advisory  Board 
shall  receive  for  this  an  amount  not  exceeding  two  cents 
per  capita  for  pupils  enumerated;    Provided,  that  in  enu- 
merating the  scholastic  population,  the  full  name  of  the 
child,  the  name  of  the  parent,  and  the  age  of  the  child  be 
recorded,  and  also  the  fact  as  to  whether  the  child  is  able 
to  read  and  write. 

5.  To  suspend  and  dismiss  pupils,  subject  to  appeal  to 
the  County  Board  of  Education. 

6.  To  issue  an  order  upon  the  County  Board  of  Edu-  Issueorders- 
cation  for  expenditures  for  repairs  and  incidentals  to  an 
amount  not  exceeding  ten  dollars. 

SEC.  15.     Be  it  further  enacted,  That  in  case  of  a  va-  StatSc? in 
cancy  in  any  District  Advisory  Board,  it  shall  be  the  duty   Boards- 
of  the  County  Superintendent  to  fill  said  vacancy  by  ap- 
pointment  upon   notification  of  same   by   the   remaining 
member  or  members  of  said  Advisory  Board. 

SEC.  16.  Be  it  further  enacted,  That  this  Act  shall  not 
in  any  way  affect  systems  of  city  schools  now  operating 
under  special  charters,  or  the  law  governing  municipal 
schools,  and  where  said  systems  recognize  the  three  Dis- 
trict Directors  as  members  of  City  Board  of  Education, 
the  said  Advisory  Board  shall  continue  to  serve  in  said 
capacity. 

SEC.  17.  Be  it  further  enacted,  That  all  provisions  of 
laws  now  existing  applying  to  School  Directors,  not  in 
conflict  with  any  provisions  heretofore  stated,  shall  apply 
to  members  of  the  County  Board  of  Education  and  Dis- 
trict Advisory  Boards;  Provided,  the  provisions  of  this 
Act  shall  not  apply  to  counties  of  a  population  not  less 
than  36,010  nor  more  than  36,050  by  the  Federal  census 
of  1900  or  any  subsequent  Federal  census;  and,  Provided, 
further,  that  the  provisions  of  this  Act  shall  not  apply 
to  the  following  counties  having  the  population  as  indi- 


60  PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 

cated  according  to  the  Federal  census  of  1900  or  any  sub- 
sequent Federal  census: 

Counties  between  28,285  and  28,287. 
Moorne  County!  Counties  between  5,700  and  5,710. 
wnlhn  county!  Counties  between  19,000  and  19,100. 

Counties  between  26,500  and  27,500. 

SEC.  18.  Be  it  further  enacted,  That  said  District  Ad- 
visory Board  of  Education  shall  qualify  within  ten  days 
after  their  election  and  organize  by  selecting  a  Chairman 
and  a  Secretary. 

SEC.  19.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are 
hereby,  repealed,  and  that  this  Act  take  effect  on  July  1, 
1907,  the  public  welfare  requiring  it. 


Acts  1907.     Chapter  600 


AN  ACT  to  be  entitled  "An  Act  to  empower  and  authorize  Boards 
of  Trustees  of  academies  and  small  colleges  which  no  longer  are 
used  for  the  purposes  originally  intended  to  transfer  the  properties 
of  said  academies  and  small  colleges  to  counties  and  County  Boards 
of  Education  or  County  High  School  Boards." 

WHEREAS,  Most  of  the  academies  established  in  the 
several  counties  of  the  State  under  the  provisions  of  an  Act 
of  the  General  Assembly  of  the  State  of  Tennessee,  passed 
September  13,  1806,  and  entitled  "An  Act  to  establish 
academies  in  the  several  counties  of  this  State  and  for  the 
appointment  of  trustees  thereof,"  and  of  various  subse- 
quent Acts  of  the  General  Assembly,  and  which  for  many 
years  received  aid  from  the  proceeds  of  the  sale  of  one  hun- 
dred thousand  acres  of  land  granted  to  this  State  for  acad- 
emy purposes  by  Act  of  the  Congress  of  the  United  States, 
approved  April  18,  1806,  and  ratified  by  the  General  As- 
sembly of  the  State  of  Tennessee  September  6,  1806,  and 
from  other  sources,  have  long  since  ceased  to  be  used  as 
county  academies  according  to  the  intention  of  the  original 
Act  and  various  subsequent  Acts  providing  for  their  estab- 
lishment and  maintenance,  and  are  now  used  chiefly  for 
local  and  individual  purposes;  and 

WHEREAS,  Many  other  academies  and  smalljcolleges 
established  from  time  to  time  by  various  Acts  of  the  Legis- 
lature  or  incorporated  under  the  general  laws  of  the  State 
are  no  longer  maintained  for  the  purposes  for  which  they 
were  established — namely,  the  secondary  education  of  the 
youth  of  the  counties  or  section  in  which  they  are  located ; 
and 

WHEREAS,  The  public  high  school  now  holds  more  nearly 
than  any  other  institution  the  relation  to  the  State  and  the 
general  cause  of  education  formerly  held  by  the  academy 
and  the  small  college;  therefore, 


62 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


Trustees  may 
transfer 
property  to 
County 
Boards. 


Trust  cease 
and  Board 
dissolved. 


SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  in  any  county  of  this  State  in 
which  provision  has  already  been  made  or  shall  at  any  time 
in  the  future  be  made  for  the  establishment  and  mainte- 
nance of  one  or  more  public  county  high  schools,  it  shall  be 
lawful  for  the  Trustees  of  any  academy  or  small  college  of 
the  classes  referred  to  in  the  preamble  of  this  Act  to  trans- 
fer, and  they  are  hereby  authorized  to  transfer,  to  the 
county  and  the  County  Board  of  Education  or  County  High 
School  Board  any  property  held  by  them  as  Trustees, 
whether  of  lands,  houses,  equipment,  money,  notes,  mort- 
gages, bonds,  or  any  other  kind,  to  be  held  by  said  county 
and  County  Board  of  Education  or  County  High  School 
Board  for  the  use  of  the  public  county  high  school  or  schools 
of  the  county;  and  said  county  and  board  shall  have  full 
power  to  hold,  use,  and  dispose  of  any  such  property  so 
transferred  to  them  in  the  same  manner  as  other  public 
high  school  property. 

SEC.  2.  Be  it  further  enacted,  That  when  the  Trustees 
.of  any  academy  or  college  shall  transfer  to  the  county  and 
County  Board  of  Education  or  County  High  School  Board 
as  provided  in  this  Act,  the  property  held  in  trust  by  them, 
they  shall  render  a  full  and  accurate  report  of  the  transac- 
tion to  the  County  Court  at  its  next  session;  and  on  the 
acceptance  of  this  report  by  the  County  Court,  the  trust 
on  the  part  of  said  Trustees  shall  cease  and  the  Board  be 
dissolved. 


Acts  1909.     Chapter  24. 


AN  ACT  to  exempt  leasehold  estates  and  improvements  thereon  from 
taxation  in  the  hands  of  the  lessee,  holding  under  incorporated  in- 
stitutions of  learning  in  this  State,  when  the  rents  therefor  are  used 
purely  for  educational  purposes  by  said  institutions,  where  the  fee 
in  the  same  is  exempt  for  taxation  to  said  institution  by  charter 
granted  by  the  State  of  Tennessee. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  leasehold  estates  and  improve- 
ments thereon  shall  be  exempt  from  taxation  in  the  hands 
of  the  lessee,  holding  under  incorporated  institutions  of 
learning  in  this  State,  when  the  rents  therefor  are  used  by 
said  institutions  purely  for  educational  purposes,  where 
the  fee  in  the  same  is  exempt  from  taxation  to  said  institu- 
tions of  learning  by  charter  granted  by  the  State  of  Ten- 
nessee. 

SEC.  2.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  the  provisions  of  this  Act  be,  and 
the  same  are  hereby  repealed,  and  that  this  Act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 


Acts  1909.    Chapter  177. 


Free  Library 
Commission. 


Records  to 
be  kept. 


AN  ACT  to  promote  the  establishment,  organization,  and  efficiency  of 
free  public  libraries,  school  libraries,  traveling  libraries,  and  other 
libraries,  and  for  that  purpose  to  create  a  Free  Library  Commission 
and  define  its  powers  and  duties. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  as  soon  as  practicable  after  the 
passage  of  this  Act  the  Governor  shall  apoint  three  per- 
sons for  terms  respectively  of  two,  four,  and  six  years,  who, 
with  the  State  Librarian  and  State  Superintendent  of  Pub- 
lic Instruction,  shall  constitute  the  Free  Library  Commis- 
sion; and  appointments  shall  be  made  by  the  Governor  to 
fill  unexpired  terms. 

SEC.  2.  Be  it  further  enacted,  That  the  officers  of  such 
Commission  shall  be  a  Chairman,  to  be  elected  by  the  mem- 
bers thereof  from  among  themselves  for  a  term  of  one  year, 
and  a  Secretary,  not  from  their  own  number,  to  be  ap- 
pointed by  such  Commission,  who  shall  serve  at  the  will 
of  the  Commission  under  the  regulations  and  for  the  com- 
pensation prescribed  by  the  Commission.  The  Secretary 
shall  keep  a  permanent  record  of  the  proceedings  of  the 
Commission,  and  also  accurate  account  of  its  receipts,  ex- 
penditures, and  other  financial  transactions;  shall  have 
active  charge  of  the  work  imposed  on  the  Commission  by 
Section  3  of  this  Act,  and  shall  perform  such  other  duties 
as  are  imposed  on  him  by  the  Commission.  If  funds  be 
available,  the  Secretary,  in  addition  to  his  compensation, 
shall  be  allowed  his  actual  and  necessary  traveling  expenses 
when  on  official  business,  and  the  members  of  the  Commis- 
sion who  do  not  reside  in  Nashville  may  be  allowed  their 
traveling  expenses  to  and  from  Nashville  to  attend  meet- 
ings of  the  Commission,  and  any  member  may  be  allowed 
his  necessary  traveling  expenses  incurred  in  establishing 
and  visiting  libraries  in  this  State  under  the  order  of  the 
Commission.  Except  the  Secretary,  no  officer  or  member 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  65 

of  the  Commission  shall  be  allowed  any  compensation  for 
services  as  such. 

SEC.  3.  Be  it  further  enacted,  That  it  shall  be  the  duty  gSSSiSion 
of  the  Commission  hereby  created  to  encourage  and  pro- 
mote the  establishment  throughout  the  State  of  free  public 
libraries,  school  libraries,  traveling  libraries  and  other 
libraries,  and  aid  in  the  organization  and  administration 
thereof,  and  in  the  administration  of  libraries  already  es- 
tablished in  this  State.  For  this  purpose  the  Commission, 
when  opportunity  offers,  shall  give  information  and  advice 
to  all  communities  in  the  State  that  propose  establishing 
such  libraries  as  to  the  best  methods  of  establishment,  or- 
ganization, and  administration;  and,  in  the  case  of  any 
library  already  established,  shall,  whenever  requested  by 
the  Librarian  or  Board  of  Directors  or  Trustees  thereof, 
furnish  like  assistance,  information,  and  advice  to  such 
library.  The  Commission  is  authorized  to  purchase  and 
accept  gifts  of  books,  periodicals,  and  traveling  libraries 
and  circulate  them  in  towns,  villages,  and  farming  and 
other  communities  where  needed,  it  being  the  purpose  of 
this  provision  to  make  practicable  in  small  communities 
by  temporary  supplies  thereof,  such  reading  and  study  of 
good  books  and  periodicals  as  is  not  practicable  to  persons 
who  have  not  access  to  libraries. 

SEC.  4.  Be  it  further  enacted,  That  the  Commission  Meetings- 
hereby  created  shall  hold  its  meetings  in  the  office  of  the 
State  Librarian,  and  its  Secretary  shall  be  allowed  the  use 
of  that  office  for  the  performance  of  his  duties.  The  Com- 
mission shall  hold  a  regular  annual  meeting  in  January 
of  each  year.  The  Chairman  may,  and,  upon  the  written 
request  of  two  of  the  members,  shall,  call  a  meeting  at  any 
time  after  written  notice  thereof  to  all  the  members  by  the 
Secretary,  mailed  seven  days  in  advance  of  the  day  of 
such  meeting.  Three  members  shall  constitute  a  quorum  Quo 
for  the  transaction  of  business  at  its  annual  meeting,  the 
Chairman  shall  be  elected,  and  the  Commission  shall  pre- 
pare and  at  once  present  to  the  Governor  a  full  report  of 
its  operations  since  the  last  annual  meeting. 

SEC.  5.     Be  it  further  enacted,  That  this  Act  take  effect 
upon  and  after  its  passage,  the  public  welfare  requiring  it. 


Normal  Schools. 


ACTS  1909.    CHAPTER  580. 

A  BILL  allowing  municipalities  or  counties  to  issue  and  sell  bonds  for 
the  purpose  of  purchasing  sites  and  erecting  and  equipping  buildings 
for  State  Normal  schools,  and  to  provide  for  the  payment  of  the  in- 
terest on  the  said  bonds  and  for  a  sinking  fund  with  which  to  retire 
the  same,  and  to  provide  a  method  of  loaning  said  sinking  fund,  and 
to  provide  for  the  disposition  of  the  funds  arising  from  the  said  sale 
of  said  bonds. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  any  municipality,  through  its 
Board  of  Mayor  and  Aldermen,  is  hereby  authorized  to 
issue  one  hundred  thousand  dollars  ($100,000)  of  five  per 
cent  or  less  interest-bearing  bonds,  or  such  part  thereof  as 
said  municipality  may  desire  to  issue  for  the  purpose  of 
purchasing  sites,  erecting  and  equipping  buildings  for 
State  Normal  Schools ;  and  that  any  county  in  the  State  of 
Tennessee  is  hereby  authorized,  through  its  County  Court 
at  quarterly  session,  to  issue  one  hundred  thousand  dollars 
($100,000)  five  per  cent  or  less  interest-bearing  bonds,  or 
such  part  thereof  as  said  county  may  desire  to  issue  for  the 
purpose  of  purchasing  sites,  erecting  and  equipping  build- 
ings for  State  Normal  Schools. 

SEC.  2.  Be  it  further  enacted,  That  the  bonds  hereby  au- 
thorized, whether  issued  by  municipality  or  county,  shall 
bear  five  per  cent  or  less  rate  of  interest,  payable  semi- 
annually,  which  shall  be  represented  by  coupons  attached 
to  said  bonds,  and  said  bonds  shall  mature  and  become  pay- 
able in  not  more  than  twenty-five  years  from  the  date  of 
their  issuance. 

SEC.  3.  Be  it  further  enacted,  That  the  city,  through 
its  Board  of  Mayor  and  Aldermen,  and  the  county,  through 
its  County  Court  at  quarterly  session,  shall  have  the  right 
and  power  to  fix  the  date  upon  which  said  bonds  shall  be 
issued,  the  number  of  said  bonds,  the  place  of  payment  of 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  67 

both  interest  and  principal,  the  time  the  semi-annual  inter- 
est coupons  shall  fall  due,  the  numbering  of  the  coupons 
and  the  denominations  of  said  bonds,  the  method  and  ex- 
pense of  the  sale  of  said  bonds,  provided  said  sale  of  said 
bonds  shall  not  be  below  par;  and  that  upon  the  issuance 
of  said  bonds  they  shall  be  a  binding  obligation  and  debt 
on  said  municipality  or  county,  and  that  said  Board  of 
Mayor  and  Aldermen  or  said  Quarterly  County  Court 
shall  levy  annually  a  tax  on  all  the  taxable  property  of  said 
municipality  or  county  for  the  purpose  of  paying  the  in- 
terest on  said  bonds  as  it  becomes  due  and  to  create  a  sink- 
ing fund  with  which  to  retire  and  pay  off  said  bonds  when 
they  mature;  and  in  counties  or  municipalities  having  no 
Sinking  Fund  Commission,  the  Mayor  of  said  municipal- 
ity, with  the  approval  of  the  Recorder,  or  the  Judge  or 
Chairman  of  the  Quarterly  County  Court,  with  the  ap- 
proval of  the  County  Court  Clerk,  shall  loan  out  said  sink- 
ing fund  upon  first-mortgage  real  estate  security  for  not 
less  than  four  per  cent  per  annum,  payable  semi-annually, 
and  in  amounts  not  exceeding  fifty  per  cent  of  the  cash 
value  of  the  real  estate  security,  the  interest  to  be  added 
semi-annually  to  said  sinking  fund;  Provided,  that  said 
Mayor,  on  the  approval  of  said  Recorder,  or  the  County 
Judge  or  Chairman,  with  the  approval  of  the  County  Court 
Clerk,  may  purchase  bonds  at  not  more  than  par  value; 
Provided,  further,  that  said  issue  of  said  bonds  shall  be  for 
no  other  purpose  than  herein  expressed,  and  the  proceeds 
from  said  sale  of  said  bonds  shall  be  turned  over  to  the 
State  Comptroller  and  placed  to  the  credit  of  the  State 
Normal  Schools  of  the  county  or  municipality  issuing  said 
bonds,  to  be  used  for  the  purpose  of  .purchasing  sites,  erect- 
ing and  equipping  buildings  for  said  State  Normal  School 
of  said  county  or  municipality. 

SEC.  4.  Be  it  further  enacted,  That  said  bonds  and  in- 
terest coupons,  if  issued  by  a  municipality,  shall  bear  the 
signature  of  the  Mayor,  attested  by  the  signature  of  the 
Recorder  of  said  city,  or  a  facsimile  of  their  signatures; 
and  the  said  bonds  and  interest  coupons  shall  bear  the 
signature,  if  issued  by  a  county,  of  the  County  Judge  or 


68  PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 

Chairman  of  the  County  Court,  and  shall  be  countersigned 
by  the  Clerk  of  said  court,  and  shall  have  on  them  the  offi- 
cial seal  of  said  Clerk. 

SEC.  5.     Be  it  further  enacted,  That  this  Act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring  it. 


General  Education  Bill. 


ACTS  1909.     CHAPTER  264. 

AN  ACT  to  provide  for  the  improvement  of  the  system  of  Public 
Education  of  the  State  of  Tennessee — that  is  to  say,  to  establish 
a  General  Education  Fund  by 'appropriating  thereto  annually  twenty- 
five  per  cent  of  the  gross  revenue  of  the  State;  to  provide  for  the 
apportionment  of  this  fund  and  specifying  what  part  shall  be  appor- 
tioned to  the  several  counties  of  the  State  on  the  basis  of  scholastic 
population;  what  part  shall  be  used  to  equalize  more  nearly  the 
school  facilities  of  the  several  counties,  and  the  conditions  on  which 
this  part  shall  be  apportioned;  what  sum  shall  be  used  to  assist  in 
paying  salaries  of  County  Superintendents,  and  on  what  conditions; 
what  part  shall  be  used  to  encourage  and  assist  in  the  establishment 
and  maintenance  of  public  county  high  schools,  and  on  what  condi- 
tions; and  providing  for  the  grading  and  inspection  of  high  schools; 
what  part  shall  be  used  for  the  establishment  and  maintenance  of 
school  libraries  and  on  what  conditions;  what  part  shall  be  used  for 
the  establishment  and  maintenance  of  three  Normal  schools  for 
white  teachers,  one  in  each  Grand  Division  of  the  State,  and  one 
Agricultural  and  Industrial  Normal  School  for  negroes,  and  pro- 
viding for. the  location,  establishment,  and  control  of  said  schools; 
and  what  part  shall  be  apportioned  to  the  University  of  Tennessee 
and  its  various  stations;  and  to  repeal  Chapter  537  of  the  Acts  of 
1907. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  for  the  purpose  of  improving, 
unifying,  and  extending  the  systems  of  Public  Education 
of  the  State  of  Tennessee,  for  the  purpose  of  giving  more 
adequate  support  to  public  schools  of  all  grades,  and  for 
the  purpose  of  extending  the  benefits  of  the  school  system 
more  equally  to  all  the  sections,  counties,  and  districts  of 
the  State,  a  General  Education  Fund  shall  be,  and  the 
same  is  hereby,  created,  and  for  the  year  one  thousand  nine  increased  by 
hundred  and  nine  and  annually  thereafter  thirty-three  and 
one-third  per  cent  of  the  gross  revenue  of  the  State  shall 


70 


PUBLIC    SCHOOL  LAWS   OF   TENNESSEE. 


Per  capita 
apportion- 
ment. 


Special  fund 
to  equalize 
schools  in 
certain 
counties. 


Special  Fund, 
Acts  1913, 
Chap.  23. 


Conditions  on 
which  counties 
share. 


State  aid  for 
supervisors. 


be  paid  into  this  General  Education  Fund,  to  be  appor- 
tioned as  hereinafter  provided ;  and  the  Comptroller  of  the 
Treasury  shall  pass,  and  he  is  hereby  directed  to  pass,  on 
the  first  day  of  January  and  the  first  day  of  July  of  each 
and  every  year,  to  the  credit  of  said  General  Education 
Fund,  the  amount  due  thereto  according  to  the  provisions 
of  this  Act,  and  to  distribute  the  same  as  hereinafter  pro- 
vided. 

SEC.  2.  Be  it  further  enacted,  That  sixty-one  per  cent 
of  the  General  Education  Fund  provided  by  this  Act  shall 
be  apportioned  to  the  several  counties  of  the  State  accord- 
ing to  scholastic  population,  as  the  interest  on  the  perma- 
nent school  fund  is  apportioned  and  for  the  same  purposes. 

SEC.  3.  Be  it  further  enacted,  That  ten  per  cent  of  the 
General  Education  Fund  provided  by  this  Act  shall  be  and 
the  same  is  hereby  set  aside  as  a  special  fund  to  be  used  and 
expended  for  the  purpose  of  more  nearly  equalizing  the  com- 
mon schools  in  the  several  counties  of  the  State;  also  for  the 
purpose  of  encouraging  the  introduction  of  industrial  work, 
including  agriculture,  home  economics,  manual  training  and 
kindred  subjects  in  county  elementary  schools  and  providing 
for  the  adequate  supervision  of  the  same;  also  for  encourag- 
ing the  establishment  of  consolidated  schools  where  practica- 
ble with  provisions  for  transportation  facilities  where  neces- 
sary; the  same  to  be  distributed  among  the  various  counties 
by  the  State  Board  of  Education  in  accordance  with  provisions 
herein  set  forth. 

Provided,  That  before  any  county  shall  be  eligible  to 
receive  any  portion  of  this  10  per  cent  of  the  General 
Education  Fund  provided  by  this  Act,  it  shall  levy  for 
public  schools,  including  the  school  tax  levied  by  the 
State,  and  excluding  taxes  for  public  high  schools,  a  tax 
of  not  less  than  40  cents  on  the  $100.00  of  taxable  property, 
a  tax  of  $2.00  on  each  taxable  poll,  and  all  the  privilege 
taxes  which  the  laws  of  the  State  permit  counties  to  levy 
for  school  purposes. 

Provided  further,  That  in  any  county  where  a  supervising 
teacher  or  a  supervisor  of  any  number  of  elementary  schools, 
or  a  supevisor  of  industrial  work  in  county  elementary  schools 


PUBLIC   SCHOOL   LAWS   OF  TENNESSEE.  71 

is  elected  by  the  County  Board  of  Education  and  funds  are 
provided  in  said  county  to  pay  said  supervisor,  the  State 
Board  of  Education  shall  be  authorized  to  supplement  the 
same  by  an  amount  not  exceeding  what  is  paid  by  the  County 
Board  of  Education;  provided,  that  said  supervisors  shall  be 
approved  by  the  State  Superintendent  of  Public  Instruction; 
and  provided,  further,  that  two  such  payments  by  the  State  to 
one  county  shall  not  be  allowed  until  one  payment  is  made  in 
every  county  complying  with  the  requirements  and  making 
application  within  any  one  year;  the  time  for  applying  for 
State  help  to  be  fixed  by  the  State  Board  of  Education. 

Provided,  further,  That  when  any  County  Board  of  Educa-  ?onSi?dldon 
tion  shall  establish  a  consolidated  school  with  as  many  as  three  tk>Ltransporta~ 
or  more  teachers  and  provision  is  made  for  transporting  the 
pupils  dependent  upon  such  school  for  educational  facilities 
who  reside  further  than  two  and  one-half  miles  therefrom,  the 
State  Board  of  Education  may  assist  said  school  by  appro- 
priating to  its  maintenance  a  reasonable  amount  out  of  the 
funds  provided  by  this  Section  of  this  Act;  provided,  the  build- 
ing and  equipment  of  said  school  shall  measure  up  to  the  stand- 
ard set  by  State  Board  of  Education;  and  provided,  further, 
that  not  more  than  one  school  in  any  county  shall  be  thus  aided 
in  any  one  year  until  at  least  one  school  in  every  county  making 
application  in  that  year  shall  have  been  aided;  and  provided 
that  the  time  for  making  such  application  for  State  aid  shall 
be  fixed  by  the  State  Board  of  Education. 

Provided,  further,  That  any  portion  of  the  ten  per  cent  of 
the  General  Education  Fund  provided  by  this  Act  and  this 
Section  of  this  Act  not  otherwise  disposed  of  in  any  year 
shall  be  used  to  equalize  the  Common  Schools  in  the  various 
counties,  and  shall  be  distributed  by  the  State  Board  of  Edu- 
cation among  the  counties  according  to  their  educational  needs, 
as  determined  by  reliable  data  filed  in  the  office  of  the  State 
Superintendent  of  Public  Instruction. 

SEC.  4.  Be  it  further  enacted,  That  for  the  year  one 
thousand  nine.hundred  and  eleven  and  annually  thereafter, 
before  appropriating  the  ten  per  cent  of  the  General  Edu- 
cation  Fund  provided  in  Section  3  of  this  Act,  the  sum  of 
thirty-three  thousand  six  hundred  dollars  ($33,600)  of  the 


72 


PUBLIC    SCHOOL  LAWS   OF  TENNESSEE. 


How  obtained. 


Reports  re- 
quired of 
County  Su- 
perintend- 
ents. 


State  Super- 
intendent to 
certify  to 
Comptroller. 


High-school 
fund. 


State  Board 
of  Education 
to  grade  high 
schools. 


ten  per  cent  mentioned  in  Section  3  of  this  Act,  or  so  much 
thereof  as  may  be  required  by  the  provisions  of  this  section, 
shall  be  set  aside  to  assist  the  several  counties  of  the  State 
to  pay  more  adequate  salaries  to  the  County  Superintend- 
ents, and  that  there  may  be  more  competent  supervision 
of  the  public  schools.  Each  county  in  the  State  shall  re- 
ceive from  this  fund,  to  be  paid  on  the  salary  of  the  County 
Superintendent,  an  amount  equal  to  that  which  is  paid  by 
the  county;  provided,  that  no  county  shall  receive  from 
this  fund  for  this  purpose  more  than  $350  in  any  one  year ; 
provided,  further,  that  any  County  Superintendent  receiving 
the  maximum  amount  ($350)  from  this  fund  as  herein  pro- 
vided shall  devote  all  his  time  to  the  duties  of  the  office  for  a 
period  not  less  than  nine  months  in  the  year,  and  he  may  be 
required  to  devote  thereto  all  his  time  for  the  entire  year. 

Provided,  further,  that  not  more  than  half  the  amount 
apportioned  to  any  county  under  the  provisions  of  this  sec- 
tion of  this  Act  shall  be  paid  to  said  county  until  all  re- 
ports required  of  the  County  Superintendent  and  other 
county  school  officers  have  been  made  accurately  and  satis- 
factorily, and  until  all  other  duties  required  of  the  County 
Superintendent  by  law  have  been  faithfully  performed. 

All  funds  apportioned  to  any  county  under  the  provisions 
of  this  section  of  this  Act  shall  be  paid  by  the  Comptroller 
on  the  certificate  of  the  State  Superintendent  of  Public 
Instruction  and  as  other  school  funds  are  paid. 

SEC.  5.  Be  it  further  enacted,  That  eight  per  cent  of 
the  General  Education  Fund  provided  by  this  Act  shall 
be  used  as  a  high  school  fund,  to  encourage  and  assist  the 
counties  of  the  State  to  establish  and  maintain  public 
county  high  schools  as.  hereinafter  provided. 

It  shall  be  the  duty  of  the  State  Board  of  Education  to 
grade  all  high  schools  now  established  and  maintained  or 
that  in  the  future  may  be  established  and  maintained  under 
the  provisions  of  the  county  high-school  law ;  to  prescribe 
their  minimum  courses  of  study,  requiring  the  elements 
of  agriculture  and  home  economics  to  be  taught  in  all 
schools;  and  to  classify  them  as  high  schools  of  the  first, 
second,  and  third  class. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  73 

Under  such  regulations  as  may  be  prescribed  by  the  regulations 
State  Board  of  Education,  all  qualified  public  county  high  SendtobfUh5h. 
schools  may  receive  assistance  from  the  fund  provided  by  8 
this  Act  and  this  section  of  this  Act  in  proportion  to  the 
amount  of  money  received  by  the  several  schools  from  other 
sources  and  expended  annually  for  the  payment  of  teach- 
ers' salaries  and  incidentals,  not  including  permanent  im- 
provements of   grounds  or  buildings;    provided,    that   no 
county  may  receive  in  any  one  year  more  than  one-fiftieth 
part  of  the  total  fund  provided  by  this  section  of  this  Act 
for  that  year,  and  that  no  one  school  shall  receive  from  this 
fund  more  than  one-third  the  amount  received  from  other 
sources  and  expended  in  that  year  for  its  maintenance,  not 
including  any  amount  expended  for  permanent  improve- 
ments. 

All  applications  for  assistance  under  the  provisions  of 
this  section  of  this  Act  shall  be  made  in  such  a  way  as  may 
be  prescribed  by  the  State  Board  of  Education,  and  all 
payments  shall  be  made  on  the  certificate  of  the  President 
and  Secretary  of  said  Board. 

All  teachers  in  the  public  county  high  schools  receiving  SLche^to1 
aid  from  this  high-school  fund  under  the  provisions  of  this  andHo?nsed. 
section  of  this  Act  shall  be  examined  and  licensed  under 
regulations  prescribed  by  the  State  Board  of  Education, 
and  said  Board  is  hereby  empowered  and  instructed  to 
make  rules  and  regulations  for  the  examination  and  licens- 
ing of  such  teachers.  The  State  Board  of  Education  shall 
have  the  ppwer,  and  the  same  is  hereby  authorized,  to  em- 
ploy an  Inspector  of  High  Schools  at  such  annual  salary 
as  it  may  determine,  his  salary  and  traveling  expenses, 
when  engaged  in  the  work  of  high-school  inspection  or  the 
performance  of  other  related  duties  assigned  him  by  the 
State  Board  of  Education,  to  be  paid  out  of  the  high-school 
fund  herein  provided.  Said  High  School  Inspector  shall 
have  his  office  in  the  office  of  the  State  Superintendent  of 
Public  Instruction,  and  shall  give  his  time  to  the  inspec- 
tion of  high  schools  in  the  State  and  such  other  related 
duties  as  may  be  assigned  him  by  the  State  Board  of  Edu- 
cation, and  shall  make  reports  of  his  work  and  of  the  condi- 


74 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Surplus  to 
revert  to  per 
capita  appor- 
tionment fund. 


State  aid  for 
Industrial 
Work  in 
County  High 
Schools, 


Acts  1913. 
Chap.  23. 


tions  of  the  high  schools  of  the  State  as  required  and  di- 
rected by  said  Board. 

Any  portion  of  the  high-school  fund  of  any  year  pro- 
vided by  this  Act  and  this  section  of  this  Act  that  cannot 
be  apportioned  to  the  public  high  schools  of  the  State  with- 
out exceeding  the  ratio  to  income  of  such  schools  as  pro- 
vided in  this  section  of  this  Act  shall  be  used  under  the  di- 
rection of  the  State  Board  of  Education  for  tjne  purpose  of 
stimulating  and  encouraging  the  establishment  and  main- 
tenance of  departments  of  industrial  work,  including  agri- 
culture, home  economics,  manual  training  and  kindred  sub- 
jects, and  also  for  the  purpose  of  equalizing  the  high  schools  of 
the  various  counties;  provided,  that  if  any  county  levying  a 
tax  for  high  school  purposes  at  the  highest  rate  permitted  by 
law  for  that  purpose,  the  proceeds  of  said  levy  do  not  amount 
to  as  much  as  Two  Thousand  ($2,000.00)  Dollars  in  any 
year,  the  State  Board  of  Education  shall  apportion  to  the 
high  school  fund  of  said  county  out  of  the  State  high  school 
fund  provided  in  Section  5,  Chapter  264,  Acts  of  ipop,  the 
amount  necessary  to  make  a  high  school  fund  of  Two  Thousand 
($2,000.00)  Dollars  for  said  county  for  said  year. 

SEC.  6.  Be  it  further  enacted,  That  one  per  cent  of  the 
General  Education  Fund  provided  by  this  Act  shall  be  used 
to  encourage  and  assist  in  the  establishment  and  main- 
tenance of  libraries  in  the  public  schools  as  herein  provided. 

Whenever  the  patrons  and  friends  of  any  public  school  in 
any  county  in  the  State  shall  raise,  by  private  subscription 
or  otherwise,  and  tender  to  the  County  Trustee,  through  the 
County  Superintendent  of  Public  Instruction,  the  sum  of 
Ten  Dollars  or  more  for  the  establishment  and  maintenance 
of  a  library  for  that  school,  or  for  supplementing,  a  library 
already  established,  said  County  Superintendent  shall  notify 
the  State  Superintendent  of  Public  Instruction,  and  upon 
the  certificate  of  the  State  Superintendent  of  Public  Instruc- 
tion the  Comptroller  of  the  Treasury  shall  pay  to  the  Trustee 
of  said  County  out  of  the  fund  herein  provided  a  sum  equal 
to  that  raised  by  private  subscription  or  otherwise  to  be  added 
to  the  library  fund  of  said  school. 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE.  75 

Provided,  that  the  State  will  appropriate  not  more  than 
Forty  Dollars  for  this  purpose  to  any  one  school  during  a 
single  year. 

Provided,  further,  that  the  State  Board  of  Education  shall 
have  the  power,  and  the  same  is  hereby  authorized,  to  employ 
a  Director  of  Library  Extension  at  a  salary  of  not  exceeding 
fifteen  hundred  dollars  a  year  with  necessary  traveling  ex- 
penses as  fixed  by  the  State  Board  of  Education,  all  to  be 
paid  out  of  the  library  fund  as  herein  provided. 

The  said  Director  of  Library  Extension  shall  have  an  SbraJ?rexten- 
office  in  the  office  of  the  State  Superintendent  of  Public  In-  s 
struction  and  shall  work  under  his  general  supervision.  It 
shall  be  the  duty  of  the  Director  of  Library  Extension  to 
encourage  and  stimulate  the  establishment  of  libraries,  espe- 
cially in  public  schools;  to  prepare  selected  lists  of  books 
adapted  to  the  needs  of  various  schools  from  the  list  approved 
by  the  State  Board  of  Education;  to  render  such  assistance 
as  the  State  Board  of  Education  may  require  in  the  prepa- 
ration of  general  school  library  lists;  to  visit  teachers'  in- 
stitutes and  other  educational  and  community  meetings  in 
the  interest  of  library  extension  and  for  the  purpose  of  giving 
instruction  in  the  selection,  care  and  use  of  libraries;  to 
assist  the  State  Superintendent  of  Public  Instruction  in 
preparing  Reading  Circle  Courses  for  public  school  teachers 
and  pupils,  and  to  perform  such  additional  duties  as  the 
State  Board  of  Education  may  prescribe. 

Provided,  further,  that  in  distributing  the  funds  under 
the  provisions  of  this  section  of  this  Act  preference  shall 
be  given  to  applications  coming  from  counties  which  have 
not  previously  received  their  proportionate  part  of  this 
fund  according  to  scholastic  population. 

And,  provided,  further,  that  preference  shall  be  given  to 
applications  for  assistance  to  establish  new  libraries  rather 
than  applications  to  assist  in  supplementing  libraries  al- 
ready established. 

It  shall  be  the  duty  of  the  State  Board  of  Education  to  f^£^rd  to 
make  and  cause  to  be  published  through  the  office  of  the  Kesd  list  of 
State  Superintendent  of  Public  Instruction  rules  and  regu- 
lations for  libraries  established  under  the  provisions  of  this 


76 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Circulating 
libraries. 


State  Normal 
Schools. 


section  of  this  Act,  issue  approved  lists  of  books  from 
which  purchases  for  said  libraries  may  be  made  with 
money  received  from  the  State  as  herein  provided,  and  ar- 
range for  the  purchase  of  such  books  at  the  lowest  possible 
prices.  All  libraries  receiving  assistance  from  this  fund 
shall  comply  with  all  the  regulations  made  by  the  State 
Board  of  Education,  as  herein  provided.  All  money  re- 
ceived from  the  State  to  assist  in  establishing  or  supple- 
menting a  library  under  the  provisions  of  this  section  shall 
be  used  to  purchase  books  on  the  approved  lists  aforesaid, 
and  no  books  shall  be  purchased  at  a  higher  price  than  the 
price  in  said  approved  lists.  All  purchases  of  books  shall 
be  reported  to  the  County  Superintendent,  and  a  list  of 
the  same  shall  be  attached  to  the  warrant  issued  in  pay- 
ment of  the  same;  and  no  commission  shall  be  allowed 
the  County  Trustee  on  library  funds. 

One-fifth  of  the  amount  accruing  annually  for  libraries 
under  the  provisions  of  this  Act  shall  be  used  for  the  purchase 
and  maintenance  of  circulating  libraries  under  the  direction 
of  the  State  Library. 

SEC.  7.  Be  it  further  enacted,  That  thirteen  per  cent 
of  the  General  Education  Fund  provided  by  this  Act  may 
be  used  for  the  establishment  and  maintenance  of  Normal 
schools  solely  for  the  education  and  professional  training 
of  teachers  for  the  elementary  schools  of  the  State,  as  herein 
provided.  One  Normal  school  for  the  education  and  pro- 
fessional training  of  white  teachers  shall  be  established  and 
maintained  in  each  Grand  Division  of  the  State,  and  shall 
be  open  and  free  alike  to  white  males  and  females  resident 
in  the  State  of  Tennessee;  and  one  Agricultural  and  Indus- 
trial Normal  School  for  the  industrial  education  of  negroes 
and  for  preparing  negro  teachers  for  common  schools  shall 
be  established  and  maintained,  and  shall  be  open  and  free 
alike  to  negro  males  and  females  resident  in  the  State  of 
Tennessee;  but  no  person  shall  be  admitted  to  either  of 
these  schools  who  is  under  sixteen  years  of  age  and  who  has 
not  finished  at  least  the  elementary  school  course  pre- 
scribed for  the  public  schools  of  the  State;  nor  shall  any 
person  be  admitted  to  either  of  the  Normal  schools  for 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE.  77 

white  teachers  who  does  not  first  sign  a  pledge  to  teach  in 
the  public  or  private  schools  of  the  State  of  Tennessee, 
within  the  next  six  years  after  leaving  the  school ,_  at  least 
as  long  as  he  or  she  has  attended  said  school. 

Each  school  established  and  maintained  under  the  pro- 
visions of  this  section  of  this  Act  shall  have  connected  with 
it  one  or  more  practice  and  observation  schools,  in  which 
shall  be  taught  at  least  all  the  subjects  prescribed  for  the 
primary  schools  of  the  State;  and  the  County  Boards  of 
Education  of  any  county,  or  the  District  Directors  of  any 
school  district,  or  the  Board  of  Education  of  any  incor- 
porated city  or  town  having  a  special  school  system  under 
the  provisions  of  its  charter  may,  and  the  same  is  hereby 
empowered  to,  contract  with  the  State  Board  of  Education 
to  provide  for  the  teaching  of  children  of  public  school  age 
in  such  practice  and  observation  schools,  and  to  pay  to  the 
said  Normal  school  all  or  any  portion  of  the  public  school 
fund  belonging  to  such  county,  district,  or  incorporated 
city  or  town,  as  agreed  upon  by  the  school  authorities  of 
said  county,  school  district,  or  incorporated  city  or  town, 
and  the  State  Board  of  Education,  as  in  the  case  of  con- 
solidated schools  under  the  provisions  of  the  State  school 
law. 

The  principals  and  instructors  in  the  Normal  schools  for 
the  education  and  training  of  white  teachers  may  be  re- 
quired to  assist  in  conducting  Teachers'  Institutes  in  any 
of  the  counties  of  the  Grand  Division  of  the  State  in  which 
said  school  is  located. 

Provided,  that  no  principal  or  instructor  may  be  thus 
required  to  assist  in  institutes  more  than  six  weeks  in  any 
one  year. 

Provided,  further,  that  no  more  than  two  members  of 
the  faculty  of  any  Normal  school  may  be  required  to  be 
absent  from  the  school  for  this  purpose  at  the  same  time. 

And,  provided,  further,  that  all  such  service  shall  be  per- 
formed without  additional  pay,  except  that  necessary  trav- 
eling expenses  and  hotel  bills  while  engaged  in  this  service 
shall  be  paid  out  of  the  funds  of  the  Normal  school. 


78 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


State  Nor- 
mal School 
graduates 
licensed  to 
teach. 


Course  of 
study. 


Management. 


Location. 


A  certificate  of  graduation  from  any  one  of  the  said 
Normal  schools  shall  entitle  the  holder  thereof  to  teach  in 
any  of  the  public  schools  of  the  State  without  further  ex- 
amination for  a  period  of  four  years  from  the  date  of  such 
certificate.  Any  such  graduate  who  completes  within  the 
said  period  of  four  years  such  additional  courses  of  reading 
and  study  as  may  be  prescribed  by  the  State  Board  of  Edu- 
cation and  shall  pass  the  required  examinations  in  the 
same  and  has  proven  his  ability  as  a  teacher  by  teaching 
acceptably  not  less  than  fifteen  months  within  this  period 
may,  upon  application,  be  granted  a  permanent  license  to 
teach  in  any  of  the  public  elementary  schools  of  the  State. 

The  course  of  study  and  the  rules  and  regulations  shall 
be  the  same  for  all  the  said  Normal  schools,  with  such 
minor  modifications  for  any  school  as  may  be  required  by 
local  conditions;  provided,  that  such  courses  of  study  shall 
include  instruction  in  ordinary  English  branches,  in  vocal 
music,  drawing,  domestic  science,  manual  training,  ele- 
ments of  chemistry,  physics,  and  biology;  the  elementary 
principles  of  agriculture,  horticulture,  and  home  econom- 
ics; and  in  the  history,  principles,  and  methods  of  educa- 
tion; and,  provided,  further,  that  the  courses  of  study  for 
the  Agricultural  and  Industrial  Normal  School  for  negroes 
shall  be  of  such  practical  nature  as  to  fit  the  conditions 
and  needs  of  their  race. 

The  general  management  and  control  of  all  Normal 
schools  established  and  maintained  under  the  provisions 
of  this  section  of  this  Act  shall  be  vested  in  the  State  Board 
of  Education ;  and  the  said  State  Board  of  Education  shall 
have  power  to  employ  a  bookkeeper,  whose  duty  it  shall 
be  to  keep  the  accounts  of  the  Normal  school  funds  as  di- 
rected by  the  Board,  and  the  salary  shall  be  fixed  by  the 
Board  and  paid  out  of  the  Normal  school  fund  herein  pro- 
vided before  its  apportionment  to  the  several  schools  and 
on  the  warrant  of  the  Comptroller. 

All  schools  established  under  the  provisions  of  this  sec- 
tion of  this  Act  shall  be  located  by  the  State  Board  of  Edu- 
cation; and  in  making  such  locations,  said  Board  shall  take 
into  consideration  accessibility,  centralness  of  position, 


PUBLIC   SCHOOL   LAWS   OF  TENNESSEE.  79 

healthfulness  of  location,  cheapness  of  living,  opportuni- 
ties for  arranging  for  suitable  practice  and  observation 
schools,  and  the  value  and  usefulness  of  offers  of  donations 
of  grounds,  buildings,  money,  etc. 

In  addition  to  any  accepted  donations  of  land,  money, 
or  buildings,  the  income  from  the  fund  provided  by  this 
Act  and  this  section  of  this  Act  for  the  years  one  thousand 
nine  hundred  and  nine  and  one  thousand  nine  hundred  and 
ten  or  any  portion  of  the  same  may  be  used  for  buildings 
and  equipment.  Provided,  that  said  State  Board  of  Edu- 
cation shall  have  the  power  and  authority  to  purchase  addi- 
tional land  and  erect  additional  buildings  for  the  said  three 
normal  schools  for  white  teachers,  and  the  said  agricultural 
and  industrial  normal  school  for  negroes,  on  such  terms  as 
may  be  considered  advisable  and  advantageous  by  said  State 
Board  of  Education,  and  to  pay  for  the  same  out  of  moneys 
appropriated  or  may  hereafter  be  appropriated  for  said 
schools;  and  provided,  further,  that  said  State  Board  of  Edu- 
cation may  be  vested  with  title  to  said  property  so  pur- 
chased in  as  full  a  manner  as  property  and  buildings 
already  acquired  or  donated  to  said  State  Board  of  Educa- 
tion and  for  the  same  purposes. 

One-seventh  of  all  the  funds  derived  in  any  year  from  negroes.01 
the  provisions  of  this  Act  and  this  secton  of  this  Act  shall 
be  apportioned  to  the  Agricultural  and  Industrial  Normal 
School  established  for  the  education  and  training  of  ne- 
groes, and  the  remaining  six-sevenths  shall  be  apportioned 
equally  among  the  schools  established  and  maintained  for 
the  education  and  training  of  white  teachers  in  the  three 
Grand  Divisions  of  the  State;  but  all  moneys  received  by 
any  one  of  the  Normal  schools  established  and  maintained 
under  the  provisions  of  this  Act  from  any  other  source 
than  from  the  fund  herein  provided  to  be  paid  out  of  the 
gross  revenue  of  the  State  shall,  under  the  direction  of  the 
State  Board  of  Education,  be  accounted  for  and  paid  into 
the  treasury  of  the  State,  to  be  placed  to  the  credit  of  said 
school . 

It  shall  be  the  duty  of  the  Governor  of  the  State  to  call 
a  meeting  of  the  State  Board  of  Education  within  sixty 


80 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Disburse- 
ment of 
funds. 


University  of 
Tennessee — 
appropriation. 


Experiment 
Stations. 


Traveling  ex- 
penses of 
students. 


days  after  the  passage  of  this  Act  for  the  purpose  of  taking 
such  steps  as  may  be  necessary  to  carry  out  the  provisions 
of  this  Act,  looking  to  the  location  and  establishment  of 
these  schools,  and  to  the  opening  of  the  same  at  the  earliest 
date  practicable. 

All  disbursements  of  money  under  the  provisions  of  this 
section  of  this  Act  shall  be  made  on  the  certificate  of  the 
President  and  Secretary  of  the  State  Board  of  Education, 
by  the  Comptroller  of  the  Treasury,  in  the  manner  pre- 
scribed by  law  for  the  disbursement  of  money  to  charitable 
institutions. 

SEC.  8.  Be  it  further  enacted,  That  for  the  year  one 
thousand  nine  hundred  and  nine  and  annually  thereafter 
seven  per  cent  of  the  General  Education  Fund  provided  by 
this  Act  shall  be,  and  the  same  is  hereby,  appropriated  to 
the  University  of  Tennessee,  to  be  used  for  the  mainte- 
nance and  improvement  of  the  same,  as  the  head  of  the 
public-school  system  of  the  State,  as  the  General  Assembly 
of  the  State  may  from  time  to  time  direct  by  resolution  or 
enactment,  or  as  the  Board  of  Trustees  of  said  University 
may  elesct. 

Provided,  that  ten  per  cent,  but  not  less  than  ten  thou- 
sand dollars  ($10,000)  annually,  of  the  amount  herein 
apportioned  to  the  University  of  Tennessee  shall  be  used 
for  the  maintenance  of  the  Agricultural  and  Horticultural 
Experiment  Station  and  Model  Farm,  located  in  West 
Tennessee,  and  five  per  cent,  but  not  less  than  five  thou- 
sand ($5,000)  dollars  annually,  for  the  maintenance  of  co- 
operative agricultural  experiments  in  Middle  Tennessee. 

Provided,  further,  that  an  amount  not  exceeding  five 
per  cent  of  the  sum  apportioned  annually  to  the  University 
may  be  used  to  pay  the  traveling  expenses  of  young  men 
and  women  of  Tennessee  attending  the  University,  under 
such  rules  and  regulations  as  the  Board  of  Trustees  of  said 
University  may  adopt,  but  the  traveling  expenses  of  no 
student  shall  be  paid  who  does  not  remain  through  the 
entire  school  year,  nor  shall  the  expenses  of  any  student 
be  paid  more  than  once  each  way  in  any  year. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  81 


Provided,  further,  that  tuition  in  the  academic,  engineer- 
ing,  agricultural,  and  educational  departments  of  the  Uni- 
versity shall  be  free  to  all  qualified  white  students  who  are 
citizens  of  the  State  of  Tennessee,  or  whose  parents  or 
guardians  are  citizens  of  the  State  of  Tennessee;  but  noth- 
ing in  this  section  of  this  Act  shall  be  construed  in  such 
way  as  to  affect  or  modify  the  existing  laws  in  regard  to 
State  scholarship  students  of  African  descent  in  the*  Indus- 
trial Department  of  said  University. 

SEC.  9.  Be  it  further  enacted,  That  all  schools  receiving  ^madeto 
assistance  under  the  provisions  of  this  Act  shall  be  recog- 
nized  as  essential  parts  of  the  system  of  Public  Education 
of  the  State  of  Tennessee,  and  annually,  on  or  before  the 
first  day  of  August,  the  proper  authorities  of  each  shall 
submit  to  the  State  Superintendent  of  Public  Instruction 
a  report  in  regard  to  the  work,  development,  and  progress 
of  the  school  during  the  year  ending  with  the  thirtieth  day 
of  June  next  preceding,  and  a  clear  and  itemized  statement 
of  all  receipts  and  expenditures  for  the  same  period. 

SEC.  10.  Be  it  further  enacted,  That  Chapter  537  of  the 
Acts  of  1907  and  all  laws  and  all  parts  of  laws  in  conflict 
with  this  Act  shall  be,  and  the  same  are  hereby,  repealed. 

SEC.  11.  Be  it  further  enacted,  That  this  Act  shall  take 
effect  from  and  after  its  passage,  the  public  welfare  requir- 
ing it. 


School  Bonds. 


ACTS  1911.    CHAPTER  60. 

AN  ACT  to  authorize  the  Quarterly  County  Courts  of  the  several 
counties  of  the  State,  except  in  counties  of  190,000  population  or 
over,  according  to  the  Federal  census  of  1910  or  any  subsequent 
Federal  census,  to  issue  and  sell  coupon  bonds  to  purchase  school 
property,  school  sites;  to  erect,  furnish,  equip,  and  repair  school 
buildings;  and  to  fix  the  denominations  of  said  bonds,  and  to  pro- 
vide for  the  payment  of  the  interest  on  the  same,  and  for  a  sinking 
fund  with  which  to  retire  the  same,  and  to  provide  a  method  for  loan- 
ing said  sinking  fund;  and  to  further  provide  for  the  distribution  of 
the  money  raised  by  the  sale  of  said  bonds  between  the  counties 
and  cities. 

SECTION  1.  Be  U  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  the  various  counties  of  the  State, 
except  in  counties  of  190,000  population  or  over,  accord- 
ing to  the  Federal  census  of  1910  or  any  subsequent  Fed- 
eral census,  through  their  respective  Quarterly  County 
Courts,  be,  and  they  are,  hereby  authorized  and  em- 
powered to  issue  and  sell  bonds  for  the  purposes  and  in 
the  manner  hereinafter  provided. 

interest.  ^^  ^      Be  ^  fy^^  enacted,  That  the  bonds  shall  be 

known  as  "School  bonds,"  and  shall  bear  interest  at  the 
rate  of  not  exceeding  5  per  cent  per  annum,  payable  semi- 
annually,  and  said  bonds  to  be  due  and  payable  in  not 
more  than  twenty-five  years  from  the  date  of  their  issu- 
ance, and  to  be  sold  for  not  less  than  par. 

SEC.  3.  Be  it  further  enacted,  That  each  of  said  bonds 
shall  be  signed  by  the  Judge  or  Chairman  of  the  County 
Court  and  countersigned  by  the  County  Court  Clerk  with 
the  official  seal  of  the  latter  attached  thereto,  and  said 
bonds  shall  each  have  attached  to  them  coupons  for  the 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  83 

semi-annual  interest  upon  the  same  for  each  of  the  years 
they  have  to  run,  showing  on  their  face  the  number  and 
amount  of  bonds  to  which  they  are  attached,  the  amount 
of  each  semi-annual  installment  of  interest  on  said  bond, 
and  when  the  same  shall  be  due,  which  coupons  shall  be 
signed  in  the  same  manner  as  said  bonds,  except  that  the 
seal  of  the  County  Court  Clerk  need  not  be  affixed  thereto, 
and  the  signature  of  the  County  Judge  or  Chairman  and 
the  Clerk  of  said  County  Court  may  be  lithographed  on 
said  coupon. 

SEC.  4.  Be  it  further  enacted,  That  said  bonds  may  be  nations6"0 
issued  in  denominations  of  not  less  than  one  hundred 
($100)  dollars  nor  more  than  one  hundred  thousand 
($100,000)  dollars.  The  bonds  of  each  denomination 
shall  be  numbered  consecutively,  beginning  at  one,  and 
shall  recite  on  their  face  that  they  are  issued  in  pursu- 
ance of  this  Act,  and  this  Act  may  be  printed  on  the  back 
of  said  bonds,  and  said  bonds  shall  be  payable  in  the  law- 
ful currency  of  the  United  States  at  such  time  not  to  ex- 
ceed twenty-five  years  from  the  date  of  their  issuance, 
and  at  such  place  and  for  such  amounts  as  the  purchasers 
and  representatives  of  the  Quarterly  County  Court,  as 
herein  designated,  shall  determine. 

SEC.  5.  Be  it  further  enacted,  That  said  bonds  shall 
be  sold  for  cash  by  the  Chairman  or  Judge  of  said  County 
Court;  Provided,  that  the  sale  shall  be  advertised  for  a 
period  of  not  less  than  thirty  days  next  preceding  the  date 
of  said  sale,  and  that  no  bond  shall  be  sold  for  less  than 
par  value;  Provided,  however,  that  the  said  Quarterly 
County  Courts  are  authorized  to  pay  the  necessary  ex- 
penses in  the  issuance  and  sale  of  said  bonds. 

SEC.  6.  Be  it  further  enacted,  That  the  money  arising 
from  said  sale  of  school  bonds  shall  be  turned  over  to  the 
Trustee  of  said  county,  and  shall  be  kept  separate  and 
apart  from  all  the  other  funds,  and  shall  be  paid  out  only 
for  the  purposes  and  in  the  manner  hereinafter  provided 
and  said  Trustee  shall  be  allowed  no  commission  for  re- 
ceiving or  disbursing  said  funds. 


84 


PUBLIC    SCHOOL  LAWS   OF   TENNESSEE. 


Annual  sink- 
ing fund  tax. 


Special 
school  fund. 


SEC.  7.  Be  it  further  enacted,  That  the  counties  hav- 
ing a  city  or  cities  operating  schools  independent  of  said 
county,  the  Trustee  of  said  county  shall  pay  over  to  the 
Treasurer  of  said  city  that  amount  of  said,  funds  which 
shall  bear  the  same  ratio  to  the  entire  amount  arising  from 
the  provisions  of  this  Act  as  the  scholastic  population  of 
said  city  or  cities  bears  to  the  entire  scholastic  population 
of  said  county;  Provided,  however,  that  the  said  funds  paid 
over  to  the  said  City  Treasurer  shall  be  kept  separate  from 
all  other  funds  in  the  manner  and  for  the  purposes  herein 
provided  for  said  county  funds  to  be  used. 

SECTIONS.  Be  it  further  enacted,  That  upon  the  issuance 
of  said  bonds  they  shall  be  a  binding  obligation  and  debt 
upon  the  said  county,  and  that  trhe  Quarterly  County 
Court  of  said  county  shall  levy  annually  a  tax  on  all  the 
taxable  property  of  said  county  for  the  purpose  of  paying 
interest  on  said  bonds  as  it  becomes  due  and  to  create  a 
sinking  fund  with  which  to  retire  and  pay  off  said  bonds 
when  they  mature,  and  in  counties  having  no  sinking  fund 
commission  the  County  Judge  or  Chairman  of  the  County 
Court  shall  loan  out  said  school  bond  sinking  fund  upon 
first  mortgage  real  estate  security,  approved  by  the  County 
Court  Clerk  and  County  Superintendent  of  Schools. 

SEC.  9.  Be  it  further  enacted,  That  said  County  Judge 
or  Chairman  may  purchase  bonds  at  not  more  than  par 
value  on  approval  of  said  County  Court  Clerk  and  County 
Superintendent;  Provided,  further,  that  said  school  bond 
sinking  fund  shall  not  be  loaned  for  a  less  rate  of  interest 
than  the  rate  of  interest  on  the  bonds  themselves,  and  in 
amounts  not  exceeding  50  per  cent  of  the  value  of  the 
real  estate  security,  the  interest  to  be  added  semi-annually 
to  said  sinking  fund. 

SEC.  10.  Be  it  further  enacted,  That  the  proceeds  of 
said  sale  of  said  bonds  shall  constitute  a  'special  fund  to 
be  known  as  "Special  School  Fund,"  which  shall  be  kept 
by  the  Trustee  of  said  county  and  the  Treasurer  of  said 
city  schools  separate  and  apart  from  all  other  funds  and 
shall  be  applied  exclusively  to  purchase  property  for  school 
purposes,  to  purchase  sites  for  school  buildings,  to  erect 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE.  85 

or  repair  school  buildings  and  to  furnish  and  equip  school 
buildings,  and  to  be  used  for  no  other  purposes  by  the 
County  Board  of  Education  of  said  county  or  by  the  City 
Board  of  Education,  which  said  City  Board  shall  have  a 
right  to  draw  warrants  on  said  funds  for  said  purposes 
only. 

SEC.  11.  Be  it  further  enacted,  That  said  bonds  may 
be  issued  by  the  Quarterly  County  Court  of  any  county 
in  this  State  by  resolution  by  a  majority  of  said  members 
of  said  Quarterly  County  Court  at  any  regular  meeting 
thereof;  Provided,  however,  that  said  county  shall  not 
issue  an  amount  of  bonds  to  exceed  3  per  cent  of  the  value 
of  the  taxable  property  for  said  county. 

SEC.  12.  Be  it  further  enacted,  That  the  County  Judge  gJS?  redemp~ 
or  Chairman  of  said  county  shall  give  within  sixty  days 
immediately  preceding  maturity  of  said  bonds  or  any  of 
them  notice  to  the  holders  thereof  through  some  news- 
paper published  in  the  county  seat  of  said  county  for  a 
period  of  thirty  days,  stating  in  said  notice  the  numbers 
of  said  bonds  and  when  they  shall  become  due,  requesting 
that  they  shall  be  presented  for  payment  or  redemption  on 
said  date  at  the  place  designated  in  said  bonds;  and  if 
said  bonds  are  not  presented  for  payment  or  redemption 
at  the  time  and  place  so  designated,  then  the  interest 
thereon  shall  cease. 

SEC.  13.  Be  it  further  enacted,  That  said  bonds  shall 
not  be  issued  for  any  other  purpose  than  herein  expressed, 
and  that  said  bonds  shall  be  exempt  from  taxation  for 
State,  county,  and  municipal  purposes  in  Tennessee. 

SEC.  14.  Be  it  further  enacted,  That  all  laws  or  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are, 
hereby  repealed,  and  that  this  Act  shall  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 


Consolidation 
of  Schools 
authorized. 


Transportation 
of  pupils 
authorized. 


Supervisors 
authorized. 


Boards  to 
employ. 


Supervision,  Consolidation  and 
Transportation. 


ACTS  1913.    CHAPTER  4. 

AN  ACT  to  be  entitled  An  Act  to  improve  the  public  school  system  of 
the  State  by  authorizing  Boards  of  Education  to  consolidate  schools, 
provide  for  the  public  transportation  of  pupils,  and  to  employ 
Supervisors. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  whenever  it  shall  appear  to  the 
County  Board  of  Education  or  the  County  High  School 
Board  of  Education  in  any  county  of  the  State  that  the  effi- 
ciency of  the  public  schools  would  be  improved  thereby,  said 
Boards  of  Education  shall  have  full  power  and  are  hereby 
granted  authority  to  consolidate  two  or  more  schools. 

SEC.  2.  Be  it  further  enacted,  That  whenever  by  rea- 
son of  such  consolidation  a  sufficient  number  of  children 
is  situated  too  far  away  from  such  schools  to  attend  without 
transportation,  said  Boards  of  Education  are  hereby  au- 
thorized and  empowered  to  make  provision  for  the  transpor- 
tation of  said  pupils  that  reside  too  far  away  from  said 
school  to  attend  without  transportation,  and  to  pay  for  same 
out  of  the  respective  public  school  funds  of  the  county  in 
which  such  children  reside. 

SEC.  3.  Be  it  further  enacted,  That  said  Boards  of 
Education  are  hereby  given  authority  to  employ  Supervisors 
of  Schools,  whose  duties  shall  be  to  assist  County  Superin- 
tendents of  Public  Instruction  in  organization,  gradation 
and  supervision  of  the  public  schools  of  the  county  and  the 
organization  of  industrial  work;  and  to  pay  for  same  out 
of  the  respective  school  funds  of  the  county.  Provided,  That 
such  supervisors  of  schools  shall  be  persons  of  known  ability 
to  supervise  the  work  of  other  teachers  and  shall  have  the 
equivalent  of  a  high  school  education. 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE.  87 

Provided,  further,  That  Supervisors  of  Elementary 
Schools  shall  hold  an  elementary  certificate  of  the  First 
Grade,  and  Supervisors  of  High  Schools  shall  hold  a  High 
School  Certificate  of  the  First  Grade. 

SEC.  4.  Be  it  further  enacted,  That  all  laws  or  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are,  hereby 
repealed,  and  that  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 


Compulsory  Attendance  Law. 


Attendance 
required  in 
counties. 


Cities. 


Exemptions. 


ACTS  1913.    CHAPTER  9. 

AN  ACT  to  regulate  and  require  the  attendance  of  school  children  upon 
schools  in  the  State  of  Tennessee,  and  to  provide  means  for  the 
enforcement  of  this  Act. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  every  parent,  guardian  or  other 
person,  in  the  State  of  Tennessee,  having  charge  or  control 
of  any  child  between  the  ages  of  eight  and  fourteen  years, 
inclusive,  shall  cause  such  child  to  be  enrolled  in  and  attend 
some  day  school,  public,  private  or  parochial,  for  eighty 
consecutive  days,  or  when  the  school  term  is  less  than  eighty 
days  in  length  for  the  full  term,  in  each  year  in  the  county 
or  city  in  which  said  child  may  reside. 

Provided,  That  in  cities  maintaining  a  separate  school 
system  which  have  a  scholastic  population  of  five  thousand 
or  over  by  the  State  school  census  of  1912,  or  any  sub- 
sequent State  school  census,  any  parent,  guardian  or  other 
person,  having  charge  or  control  of  any  child  between  the 
ages  of  eight  and  fourteen,  inclusive,  shall  cause  such  child 
to  attend  school  for  the  full  school  term. 

Provided,  further,  That  any  parent,  guardian  or  other 
person,  having  charge  or  control  of  any  child  between  the 
ages  of  fourteen  and  sixteen  years  who  is  not  actively  and 
regularly  and  lawfully  engaged  in  some  useful  employment 
or  service,  or  who  is  unable  to  read  and  write,  shall  cause 
such  child  to  attend  school  as  herein  provided  for  children 
between  the  ages  of  eight  and  fourteen  years. 

SEC.  2.  Be  it  further  enacted,  That  any  child  between 
the  ages  aforesaid  may  be  excused  temporarily  from  comply- 
ing with  the  provisions  of  this  Act,  in  whole  or  in  part,  if  it 
be  shown  to  a  court  of  competent  jurisdiction  or  a  County 
or  City  Board  of  Education  having  control  of  the  school  to 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  89 

which  said  child  belongs,  that  said  parent  or  guardian  or 
person  having  charge  or  control  of  said  child  is  not  able, 
through  extreme  destitution,  to  provide  proper  clothing  for 
said  child;  or  that  said  child  is  mentally  or  physically 
incapacitated  to  attend  school  for  the  whole  period  required 
or  any  part  thereof;  or  that  the  school  to  which  the  said 
child  belongs  is  more  than  two  miles  by  the  nearest  traveled 
road  from  the  residence  of  the  child,  and  public  transpor- 
tation to  and  from  school  is  not  provided ;  or  that  said  child 
has  completed  an  elementary  school  course,  including  eight 
grades,  and  has  certificate  to  that  effect  from  the  principal  of 
the  school  attended.  If  any  child  is  unable  to  attend  school 
as  hereinbefore  required  by  not  being  able  to  procure  books, 
on  satisfactory  proof  of  the  same,  the  County  or  City  Board 
of  Education  having  charge  of  the  school  to  which  said 
child  belongs,  shall  purchase  said  books  out  of  the  general 
school  fund  of  the  city  or  county  and  lend  to  said  child  under 
regulations  prescribed  by  the  State  Board  of  Education. 

If  it  is  ascertained  by  any  City  or  County  Board  of 
Education  that  any  child,  who  is  required  under  the  pro-  children 
vision  of  this  Act  to  attend  a  school  under  the  control  of 
the  said  County  or  City  Board  of  Education,  is  unable  to 
do  so  on  account  of  lack  of  clothing  or  food,  such  case  shall 
be  reported  to  any  suitable  relief  agency  of  said  county  or 
city,  or  if  there  be  no  such  suitable  relief  agency  to  whom 
the  case  can  be  referred,  it  shall  be  reported  to  the  proper 
Commissioners  of  the  Poor  or  other  officials  having  charge 
of  such  work,  for  investigation  and  relief. 

SEC.  3.  Be  it  further  enacted,  That  any  parent,  guardian 
or  other  person,  having  charge  or  control  of  any  child 
embraced  within  the  provisions  of  this  Act  who,  with  intent 
to  evade  the  provisions  of  this  Act,  shall  make  a  false  state- 
ment concerning  the  age  of  such  child,  or  the  time  that  such 
child  has  attended  school,  shall  be  deemed  guilty  of  mis- 
demeanor and,  upon  conviction  thereof,  shall  be  fined  in  any 
case  not  less  than  Two  Dollars  or  more  than  Fifty  Dollars, 
at  the  discretion  of  the  Court. 

Any  parent,  guardian  or  other  person,  failing  to  comply 
with  the  provisions  of  this  Act,  shall  be  deemed  guilty  of  comply> 


90 


PUBLIC    SCHOOL   LAWS   OF   TENNESSEE. 


Remission 
officers. 


Jurisdiction. 


Fines  to  go  to 
school  fund. 


Duty  of 

superintendents 


misdemeanor  and,  upon  conviction  thereof,  shall  pay  a  fine 
of  not  less  than  Two  Dollars  nor  more  than  Twenty  Dollars 
for  the  first  offense,  and  not  less  than  Five  Dollars  nor 
more  than  Fifty  Dollars  for  the  second  and  every  sub- 
sequent offense,  and  the  cost  of  the  suit. 

Provided,  That  such  fine  may  be  suspended  and  finally 
remitted  by  the  Court  trying  the  case  with  or  without 
payment  of  cost  at  the  discretion  of  the  Court,  if  the  said 
child  be  immediately  placed  in  regular  attendance  in  some 
day  school  as  aforesaid,  and  if  such  fact  of  regular  attend- 
ance is  proven  subsequently  to  the  satisfaction  of  said  Court 
by  an  attested  certificate  of  attendance  by  the  super- 
intendent or  teacher  of  said  school. 

Any  parent,  guardian  or  other  person  having  charge  or 
control  of  any  child  embraced  within  the  provisions  of  this 
Act,  who  shall  be  proceeded  against  under  this  Act,  may 
prove  in  defense  that  he  is  unable  to  compel  the  child  under 
his  control  to  attend  school,  and  he  may  thereupon  be  dis- 
charged from  liability,  and  such  child  shall  be  proceeded 
against  as  a  delinquent  child  under  the  statutes  in  such 
cases  provided. 

SEC.  4.  Be  it  further  enacted,  That  the  County  Judge 
or  Chairman  of  the  County  Courts  of  the  several  counties 
of  this  State  shall  have  original  and  exclusive  jurisdiction 
of  all  cases  coming  within  the  provisions  of  this  act. 

Provided,  That  in  all  cities  maintaining  a  separate  system 
of  schools  the  City  Recorder  or  Judge  of  said  City  shall  be 
vested  with  all  rights  and  powers  to  try  and  dispose  of  such 
cases  coming  with  his  jurisdiction.  Provided,  further,  that 
any  party  aggrieved  may  appeal  to  the  Circuit  Court  from 
the  action  of  the  County  Judge. 

SEC.  5.  Be  it  further  enacted,  That  all  fines  and  pen- 
alties provided  in  this  Act  shall  be  for  the  use  of  the  public 
schools  of  the  county  or  city  in  which  such  child  resides. 
Any  such  fine  or  penalty  may  be  recovered  by  rule  or  in 
any  way  that  a  court  of  equity  enforces  its  orders  or  decrees. 

SEC.  6.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  the  County  or  City  Superintendent  to  furnish  to  teachers, 
or  in  schools  having  more  than  one  teacher  to  principals, 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  91 

or  cause  to  be  furnished  through  any  duly  elected  attend- 
ance officer,  as  hereinafter  provided,  the  names  of  pupils 
depending  on  their  schools  for  instruction,  the  said  lists  to 
be  taken  from  the  census  enumeration  on  file  in  the  office 
of  the  Superintendent.  It  shall  be  the  duty  of  said  teachers 
and  principals  to  report  promptly  and  regularly  to  the 
County  or  City  Board  of  Education  through  the  County  or 
City  Superintendent  of  Schools,  the  names  of  all  parents, 
guardians  or  other  persons,  who  fail  to  comply  with  the 
provisions  of  this  Act. 

It  shall  then  be  the  duty  of  the  Board  of  Education,  through  5 
the  County  or  City  Superintendent  or  through  any  duly 
elected  attendance  officer,  to  give  written  notice  to  parent, 
guardian  or  other  person,  having  charge  and  control  of  such 
child  that  the  attendance  of  such  child  at  school  is  required ; 
and  if  said  parent,  guardian  or  other  person,  does  not 
comply  immediately  with  the  provisions  of  this  Act,  said 
County  or  City  Superintendent  of  Schools,  or  said  duly 
elected  attendance  officer  shall  proceed  against  such  child 
as  a  delinquent  child  and  against  such  parent,  guardian 
or  other  person,  for  violation  of  this  act. 

SEC.  7.  Be  it  further  enacted,  That  in  every  city  main- 
taining  a  separate  school  system  having  a  scholastic  popula- 
tion of  5,000  or  more  by  the  State  school  census  of  1912, 
or  any  subsequent  State  school  census,  the  Board  of  Educa- 
tion of  said  city  shall  elect  one  or  more  attendance  officers 
to  enforce  the  provisions  of  this  Act. 

In  every  city  maintaining  a  separate  system  having  a 
scholastic  population  of  less  than  5,000  by  the  State  school 
census  of  1912  or  any  subsequent  State  school  census,  and 
in  every  county,  the  Board  of  Education  of  said  city  or 
county  shall  have  authority  to  elect  one  or  more  attendance 
officers  to  enforce  the  provisions  of  this  Act;  provided, 
that  not  more  than  one  attendance  officer  shall  be  elected 
for  every  5,000  school  children  residing  in  any  city  or  county ; 
provided,  further,  that  every  city  having  a  separate  system 
of  schools  and  every  county  may  appoint  one  such  attend- 
ance officer. 

Such  attendance  officers  shall  be  residents  of  the  county  SUatteSanoe 
or  city  in  which  they  are  elected.    They  must  be  of  good  officers- 


92  PUBLIC   SCHOOL  LAWS   OF  TENNESSEE. 

moral  character  and  must  be  able  to  read  and  write  with 
ease.  Before  they  shall  be  eligible  for  election  all  applicants 
for  position  as  attendance  officer  shall  present  certificate 
from  City  or  County  Superintendent  that  they  meet  the 
requirements  herein  provided.  Said  attendance  officer  shall 
be  paid  not  less  than  $1.00  nor  more  than  $3.00  per  day 
during  such  period  of  time  as  they  may  be  employed  by  the 
School  Board,  and  said  payment  shall  be  made  out  of  the 
public  school  funds  of  said  city  or  county.  Said  attendance 
officers  shall  serve  written  or  printed  notices  upon  the 
parents  or  guardian,  or  other  person  having  charge  and 
control  of  any  child  as  aforesaid  who  violates  the  provisions 
of  this  Act,  and  shall,  when  reasonable  doubt  exists  as  to 
the  age  of  any  child,  require  a  properly  attested  birth 
certificate;  and  shall  have  the  right  to  visit  and  enter  any 
office  or  factory  or  business  house  employing  children  as 
aforesaid,  and  the  right  to  require  a  properly  attested 
certificate  of  attendance  of  any  child  at  a  day  school,  and 
power  to  arrest,  without  warrant,  all  truants  as  aforesaid 
and  place  them  in  some  public  school,  unless  the  parent, 
guardian  or  person  having  charge  or  control  of  said  child 
shall  at  once  place  them  in  some  other  day  school  as  afore- 
said; such  attendance  officers  shall  serve  the  legal  notices 
and  subpoenas  of  the  Court  without  further  fee  or  compensa- 
tion than  that  paid  by  the  Board  of  Education  as  afore- 
said, and  he  shall  carry  into  effect  such  other  regulations 
as  may  lawfully  be  required  by  the  Board  electing  him. 

SSSf*  SEC-  8-     Be  it  further  enacted,  That  the  Board  of  Educa- 

tion having  charge  of  the  public  schools  of  any  city  or 
county  having  a  population  of  10,000  or  more  by  the 
Federal  Census  of  1910,  or  any  subsequent  Federal  Census, 
may  establish  a  truancy  school,  either  within  or  without 
their  city  or  county  limits  for  children  who  are  between  the 
ages  of  eight  and  sixteen  years,  and  who  are  habitual 
truants  from  any  day  school  in  which  they  are  enrolled  as 
pupils,  or  while  in  attendance  at  school  are  incorrigible, 
vicious,  or  immoral,  or  who  habitually  wander  or  loiter 
about  the  woods  or  public  places  without  lawful  employ- 
ment and  such  children  may  be  deemed  disorderly  juvenile 
persons,  and  may  be,  by  said  School  Board,  through  its 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

officers  assigned  to,  and  required  and  compelled  to  attend 
such  truancy  school  or  any  department  of  the  graded  school, 
as  such  School  Board  may  direct. 

SEC.  9.  Be  it  further  enacted,  That  all  laws  or  parts  of 
laws  in  conflict  with  this  Act,  be  and  the  same  are,  hereby 
repealed,  and  that  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 


Amendment  to  General 
Education  Bill. 


ACTS  1913.    CHAPTER  23. 

AN  ACT  to  amend  Chapter  264  of  the  Acts  of  1909,  passed  April  20, 
1909,  and  approved  April  27,  1909,  by  providing  for  an  increase  in 
the  General  Education  Fund  provided  in  said  Act,  and  setting 
forth  the  basis  for  apportioning  certain  parts  of  said  fund. 
General  educa- 

cieasednfdrom  25  SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
Sn3t3ofPgeross  State  of  Tennessee,  That  Chapter  264  of  the  Acts  of  1909, 
setlteues  passed  .April  20,  1909,  and  approved  April  27,  1909,  en- 

titled "An  Act  to  provide  for  the  improvement  of  the  sys- 
tem of  Public  Education  of  the  State  of  Tennessee — that 
is  to  say,  to  establish  a  General  Education  Fund  by  appropri- 
ating thereto  annually  twenty-five  per  cent  of  the  gross 
revenues  of  the  State;  to  provide  for  the  apportionment 
of  this  fund  and  specifying  what  part  shall  be  apportioned 
to  the  several  counties  of  the  State  on  the  basis  of  scholastic 
population;  what  part  shall  be  used  to  equalize  more 
nearly  the  school  facilities  of  the  several  counties,  and  the 
conditions  on  which  this  part  shall  be  apportioned;  what 
sum  shall  be  used  to  assist  in  paying  salaries  of  County 
Superintendents,  and  on  what  conditions;  what  part  shall 
be  used  to  encourage  and  assist  in  the  establishment  and 
maintenance  of  public  county  high  schools,  and  on  what 
conditions;  and  providing  for  the  grading  and  inspection 
of  high  schools;  what  part  shall  be  used  for  the  establish- 
ment and  maintenance  of  school  libraries  and  on  what 
conditions ',  what  part  shall  be  used  for  the  establishment 
and  maintenance  of  three  Normal  Schools  for  white  teachers, 
one  in  each  Grand  Division  of  the  State,  and  one  Agri- 
cultural and  Industrial  Normal  School  for  negroes  and 
providing  for  the  location,  establishment,  and  control  of 
said  schools;  and  what  part  shall  be  apportioned  to  the 
University  of  Tennessee  and  its  various  stations ;  and  to 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  95 

repeal  Chapter  537  of  the  Acts  of  1907"  be,  and  the  same 
is,  hereby  amended,  by  striking  out  the  words  "twenty-five 
per  cent"  wherever  they  occur  in  said  Act  and  substituting 
in  lieu  thereof  the  words  "thirty- three  and  one-third  per 
cent." 

SEC.  2.  Be  it  further  enacted,  That  Section  3  of  said 
Chapter  of  said  Act  be  amended  so  as  to  read  as  follows: 

That  ten  per  cent  of  the  General  Education  Fund 
provided  by  this  Act  shall  be  and  the  same  is  hereby  set 
aside  as  a  special  fund  to  be  used  and  expended  for  the 
purpose  of  more  nearly  equalizing  the  common  schools  in 
the  several  counties  of  the  State;  also  for  the  purpose  of 
encouraging  the  introduction  of  industrial  work,  including 
agriculture,  home  economics,  manual  training  and  kindred 
subjects  in  county  elementary  schools  and  providing  for 
the  adequate  supervision  of  the  same ;  also  for  encouraging 
the  establishment  of  consolidated  schools  where  practica- 
ble with  provisions  for  transportation  facilities  where 
necessary;  the  same  to  be  distributed  among  the  various 
counties  by  the  State  Board  of  Education  in  accordance 
with  provisions  herein  set  forth. 

Provided,  That  before  any  county  shall  be  eligible  to  re- 
ceive  any  portion  of  this  10  per  cent  of  the  General  Educa-  share' 
tion  Fund  provided  by  this  Act,  it  shall  levy  for  public 
schools,  including  the  school  tax  levied  by  the  State,  and 
excluding  taxes  for  public  high  schools,  a  tax  of  not  less  than 
40  cents  on  the  $100.00  of  taxable  property,  a  tax  of  $2.00 
on  each  taxable  poll,  and  all  the  privilege  taxes  which  the 
laws  of  the  State  permit  counties  to  levy  for  school  pur- 
poses. 

Provided  further,  That  in  any  county  where  a  supervising 
teacher  or  a  supervisor  of  any  number  of  elementary  schools, 
or  a  supervisor  of  industrial  work  in  county  elementary 
schools  is  elected  by  the  County  Board  of  Education  and 
funds  are  provided  in  said  county  to  pay  said  supervisor, 
the  State  Board  of  Education  shall  be  authorized  to 
supplement  the  same  by  an  amount  not  exceeding  what  is 
paid  by  the  County  Board  of  Education;  provided,  that 
said  supervisors  shall  be  approved  by  the  State  Super- 


96 


PUBLIC    SCHOOL   LAWS    OF   TENNESSEE. 


State  aid  for 
consolidation 
and  transporta- 
tion. 


Equalizing 
fund. 


State  aid  for 
industrial  work 
in  high  schools. 


intendent  of  Public  Instruction ;  and  provided,  further,  that 
two  such  payments  by  the  State  to  one  county  shall  not 
be  allowed  until  one  payment  is  made  in  every  county 
complying  with  the  requirements  and  making  application 
within  any  one  year;  the  time  for  applying  for  State  help 
to  be  fixed  by  the  State  Board  of  Education. 

Provided,  further,  That  when  any  County  Board  of 
Education  shall  establish  a  consolidated  school  with  as  many 
as  three  or  more  teachers  and  provision  is  made  for  trans- 
porting the  pupils  dependent  upon  such  school  for  educa- 
tional facilities  who  reside  further  than  two  and  one-half 
miles  therefrom,  the  State  Board  of  Education  may  assist 
said  school  by  appropriating  to  its  maintenance  a  reason- 
able amount  out  of  the  funds  provided  by  this  Section  of 
this  Act;  provided,  the  building  and  equipment  of  said 
school  shall  measure  up  to  the  standard  set  by  State  Board 
of  Education;  and  provided,  further,  that  not  more  than 
one  school  in  any  county  shall  be  thus  aided  in  any  one  year 
until  at  least  one  school  in  every  county  making  applica- 
tion in  that  year  shall  have  been  aided ;  and  provided  that 
the  time  for  making  such  application  for  State  aid  shall  be 
fixed  by  the  State  Board  of  Education. 

Provided,  further,  That  any  portion  of  the  ten  per  cent  of 
the  General  Education  Fund  provided  by  this  Act  and  this 
Section  of  this  Act  not  otherwise  disposed  of  in  any  year 
shall  be  used  to  equalize  the  Common  Schools  in  the 
various  counties,  and  shall  be  distributed  by  the  State 
Board  of  Education  among  the  counties  according  to  their 
educational  needs,  as  determined  by  reliable  data  filed  in 
the  office  of  the  State  Superintendent  of  Public  Instruction. 

SEC.  3.  Be  it  further  enacted,  That  Section  5,  of  said 
Chapter  of  said  Act  be  amended  by  striking  out  the  last 
part  of  said  Section  5  beginning  with  the  words  "shall 
revert,"  and  substituting  therefor  the  following  words: 
"shall  be  used  under  the  direction  of  the  State  Board  of 
Education  for  the  purpose  of  stimulating  and  encouraging 
the  establishment  and  maintenance  of  departments  of 
industrial  work,  including  agriculture,  home  economics, 
manual  training  and  kindred  subjects,  and  also  for  the 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE.  97 

purpose  of  equalizing  the  high  schools  of  the  various 
counties;  provided,  that  if  in  any  county  levying  a  tax  for 
high  school  purposes  at  the  highest  rate  permitted  by  law 
for  that  purpose,  the  proceeds  of  said  levy  do  not  amount 
to  as  much  as  Two  Thousand  ($2,000.00)  Dollars  in  any 
year,  the  State  Board  of  Education  shall  apportion  to  the 
high  school  fund  of  said  County  out  of  the  State  high  school 
fund  provided  in  Section  5,  Chapter  264,  Acts  of  1909,  the 
amount  necessary  to  make  a  high  school  fund  of  Two 
Thousand  ($2,000.00)  Dollars  for  said  County  for  said 
year." 

SEC.  4.     Be  it  further  enacted,  That  the  first,  second  and  Librar5rald- 
third  paragraphs  of  Section  6  be  amended  to  read  as  fol- 
lows: 

That  one  per  cent  of  the  General  Education  Fund 
provided  by  this  Act  shall  be  used  to  encourage  and  assist 
in  the  establishment  and  maintenance  of  libraries  in  the 
public  schools  as  herein  provided. 

Whenever  the  patrons  and  friends  of  any  public  school 
in  any  county  in  the  State  shall  raise  by  private  subscrip- 
tion or  otherwise,  and  tender  to  the  County  Trustee 
through  the  County  Superintendent  of  Public  Instruction, 
the  sum  of  Ten  Dollars  or  more  for  the  establishment  and 
maintenance  of  a  library  for  that  school,  or  for  supplement- 
ing, a  library  already  established,  said  County  Super- 
intendent shall  notify  the  State  Superintendent  of  Public 
Instruction,  and  upon  the  certificate  of  the  State  Super- 
intendent of  Public  Instruction  the  Comptroller  of  the 
Treasury  shall  pay  to  the  Trustee  of  said  County  out  of 
the  fund  herein  provided  a  sum  equal  to  that  raised  by  pri- 
vate subscription  or  otherwise  to  be  added  to  the  library 
fund  of  said  school. 

Provided,  that  the  State  will  appropriate  not  more  than 
Forty  Dollars  for  this  purpose  to  any  one  school  during  a 
single  year. 

Provided,  further,  that  the  State  Board  of  Education  shall 
have  the  power,  and  the  same  is  hereby  authorized  to 
employ  a  Director  of  Library  Extension  at  a  salary  of  not 
exceeding  fifteen  hundred  dollars  a  year  with  necessary 


98 


PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 


Director  of 
library  exten- 
sion. 


Circulating 
libraries. 


traveling  expenses  as  fixed  by  the  State  Board  of  Educa- 
tion, all  to  be  paid  out  of  the  library  fund  as  herein  pro- 
vided. 

The  said  Director  of  Library  Extension  shall  have  an 
office  in  the  office  of  the  State  Superintendent  of  Public 
Instruction  and  shall  work  under  his  general  supervision. 
It  shall  be  the  duty  of  the  Director  of  Library  Extension 
to  encourage  and  stimulate  the  establishment  of  libraries, 
especially  in  public  schools;  to  prepare  selected  lists  of 
books  adopted  to  the  needs  of  various  schools  from  the  list 
approved  by  the  State  Board  of  Education ;  to  render  such 
assistance  as  the  State  Board  of  Education  may  require  in 
the  preparation  of  general  school  library  lists;  to  visit 
teachers'  institutes  and  other  educational  and  community 
meetings  in  the  interest  of  library  extension  and  for  the 
purpose  of  giving  instruction  in  the  selection,  care  and  use 
of  libraries,  to  assist  the  State  Superintendent  of  Public 
Instruction  in  preparing  Reading  Circle  Courses  for  public 
school  teachers  and  pupils ;  and  to  perform  such  additional 
duties  as  the  State  Board  of  Education  may  prescribe. 

That  the  last  paragraph  of  Section  6  of  Chapter  264  of 
the  Acts  of  1909  be  amended  so  as  to  read ;  One-fifth  of  the 
amount  accruing  annually  for  libraries  under  the  provisions 
of  this  Act  shall  be  used  for  the  purchase  and  maintenance 
of  circulating  libraries  under  the  direction  of  the  State 
Library. 

SEC.  5.  Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act  be,  and  .the  same  are, 
hereby  repealed,  and  that  this  Act  take  effect  from  and  after 
its  passage,  the  public  welfare  requiring  it. 


Uniform  Examination  and 
Certification  of  Teachers 


ACTS  1913.     CHAPTER  40. 

AN  ACT  entitled  An  Act  to  define  the  qualifications  and  duties  of 
Public  School  Teachers:  to  provide  a  uniform  method  for  the 
examination  and  certification  of  teachers;  to  provide  for  the  Issuance 
of  teachers'  certificates  of  different  grades,  and  for  the  revocation 
of  certificates;  and  to  fix  penalties  for  the  violation  of  the  provisions 
of  this  Act. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of  the 
State  of  Tennessee,  That  no  person  shall  be  employed  to 
teach  in  any  public  elementary  or  high  school  of  the  State 
or  receive  pay  for  teaching  out  of  the  public  school  funds 
of  any  county  until  he  has  received  a  certificate  as  pre- 
scribed in  this  Act.  No  such  payment  shall  be  allowed 
if  made,  and  any  officer  who  shall  make  or  sanction  the 
same  shall  be  subject  to  a  penalty  of  not  less  then  Five 
($5.00)  Dollars  nor  more  than  Fifty  ($50.00)  Dollars,  to 
be  paid  into  the  public  school  fund  of  the  county  in  which 
collected. 

No  person  under  eighteen  years  of  age  shall  receive  a  Age 
certificate  to  teach  in  the  public  schools  of  this  State,  and 
no  person  under  twenty  years  of  age  shall  receive  pay  out 
of  the  public  school  funds  as  the  principal  of  any  school 
having  more  than  one  teacher. 

No  person  shall  receive  a  certificate  to  teach  in  the  public 
schools  of  this  State  unless  he  has  a  good  moral  character, 
and  under  no  circumstances  shall  certificates  be  granted  to 
persons  addicted  to  the  use  of  intoxicants,  opiates  'or 
cigarettes.  All  persons  who  appear  before  the  local  examin- 
ing committee  of  any  county  or  the  State  Board  of  Exam- 
iners for  teachers'  certificates,  as  hereinafter  provided, 
must  satisfy  the  local  examining  committee  or  the  State 
Board  of  Examiners  that  they  meet  the  requirements  of 


100  PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

this  Act  as  regards  age  and  moral  character  before  being 
allowed  to  proceed  with  the  examination;  and  the  local 
examining  committee  or  State  Board  of  Examiners  may  re- 
quire proof  as  to  age  and  testimonials  as  to  character. 

No  person  shall  teach  in  any  public  school  of  this  State 
who  has  any  contagious  or  communicable  disease  in  such 
form  as  that  the  health  of  children  would  be  endangered 
by  his  presence  in  the  school  room  with  them;  and  any 
County  Board  of  Education  or  City  Board  of  Education 
may  require  a  teacher  to  submit  to  an  examination  by  a 
competent  physician  at  any  time  when  there  is  reason  to 
believe  that  the  teacher  has  any  disease  of  this  kind;  and 
any  Board  of  Education  may  require  from  any  teacher 
asking  to  be  employed  in  any  public  school  under  its  direct 
control  a  certificate  of  health  signed  by  a  competent 
physician. 

SSShS.  SEC.  2.     Be  it  further  enacted,  That  every  teacher  in  the 

public  schools  of  the  State  shall  keep  a  daily  record  of  facts 
pertaining  to  his  school  in  such  form  as  is  required  by  the 
State  Superintendent  of  Public  Instruction  and  as  indicated 
in  the  school  register  burnished  the  teacher  for  that  purpose, 
and  the  teacher  shall  be  responsible  for  the  safe  keeping 
and  delivery  of  the  same  to  the  County  Superintendent 
of  Public  Instruction  at  the  close  of  the  school  term  or  at  the 
close  of  his  services. 

S£2S£  SEC.  3.     Be  it  further  enacted,  That  written  contracts 

for  the  school  year  shall  be  made  between  the  County 
Boards  of  Education  and  the  public  school  teachers  at 
fixed  rates  per  month  before  they  enter  upon  their  duties. 
These  contracts  shall  be  in  such  form  as  may  be  furnished 
by  the  State  Superintendent  of  Public  Instruction,  and 
every  contract  shall  be  signed  in  duplicate  in  ink,  each 
party  holding  a  copy.  Failure  to  comply  with  the  pro- 
visions of  this  section  of  this  Act  shall  subject  either  or  both 
parties  to  a  fine  of  Twenty-five  Dollars. 

SEC.  4.  Be  it  further  enacted,  That  any  principal  teacher 
of  a  public  school  may,  for  good  and  sufficient  reasons, 
suspend  a  pupil  from  attendance  on  his  school  until  the  case 
is  decided  by  the  County  Board  of  Education,  which  shall 
be  with  as  little  delay  as  possible. 


PUBLIC   SCHOOL  LAWS  QF 


101 


Provided,  that  a  report  of  every  suspension  shall  be 
made  at  once,  through  the  County  Superintendent,  to  the 
County  Board  of  Education. 

SEC.  5.  Be  it  further  enacted,  That  it  shall  be  the  duty 
of  all  teachers  in  any  county  of  this  State  to  attend  the  full 
term  of  any  county  institute  held  for  teachers  of  his  race 
in  that  county  under  provisions  made  by  the  State  and 
County  Superintendents  of  Public  Instruction ;  but,  in  lieu 
of  attendance  upon  the  institute  in  his  county,  a  teacher 
may  attend  a  similar  institute  in  any  other  county  in  the 
State  in  the  same  year,  or  take  regular  work  in  a  summer 
session  of  one  of  the  State  Normal  Schools  or  any  regularly 
organized  summer  school  of  good  standing. 

SEC.  6.  Be  it  further  enacted,  That  after  the  first  day  of 
July,  1914,  the  requirements  for  certificates  to  teach  in  the  certificates, 
public  schools  of  this  State  shall  be  uniform  in  all  the 
counties.  Every  certificate  shall  be  issued  by  the  State 
Superintendent  of  Public  Instruction  in  accordance  with 
regulations  hereafter  prescribed. 

Except  as  hereinafter  provided,  every  person  receiving  a 
certificate  to  teach  in  the  public  elementary  schools  of  the 
State  shall  have  passed  a  satisfactory  examination  in  the 
subjects  prescribed  to  be  taught  in  the  elementary  schools 
and  in  the  principles  and  practice  of  teaching  and  school 
management;  and  every  person  receiving  a  certificate  to 
teach  in  the  public  high  schools  of  the  State  shall  have 
passed  a  satisfactory  examination  in  the  history  of  secondary 
education,  principles  and  practice  of  teaching  and  school 
management,  .with  special  reference  to  high  school  work, 
English  language  and  literature,  and  other  subjects  named 
on  the  certificate  issued  to  him. 

The  standards  for  examinations  and  the  grade  of  scholar- 
ship required  for  certificates  shall  be  determined  by  the 
State  Superintendent  of  Public  Instruction  and  in  accord- 
ance with  the  provisions  of  this  Act. 

Certificates  shall  be  designated  and  graded  as  elementary 
certificates  of  the  first  or  second  grade  or  high  school 
certificates  of  the  first  or  second  grade.  A  first  grade 
certificate  shall  be  valid  for  a  period  of  five  years  from  date 


102 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


First  grade. 


Temporary 
certificates. 


Professiona 
certificates. 


of  issue,  a  second  grade  certificate  for  a  period  of  two  years. 
Certificates  granted  on  examinations  taken  in  the  various 
counties,  under  the  supervision  of  the  local  examining 
committee  as  hereinafter  provided,  shall  be  good  only  in 
the  county  in  which  the  examinations  are  taken.  Certifi- 
cates granted  on  examinations  taken  at  special  places,  under 
the  supervision  of  the  State  Board  of  Examiners,  as  herein- 
after provided,  shall  be  good  in  any  county  in  the  State. 

To  obtain  a  first  grade  certificate  the  applicant  must 
be  at  least  nineteen  years  of  age  and  must  have  had  at  least 
eight  months  successful  teaching  experience,  and  must  make 
an  average  of  85  per  cent  on  the  subjects  prescribed  for 
examination  and  must  not  fall  below  70  per  cent  on  any 
subject.  An  applicant  who  makes  a  first  grade  average  as 
required,  but  who  has  not  the  requisite  teaching  experience, 
will  be  granted  a  second  grade  certificate  which  may  be 
changed  to  a  first  grade  certificate  after  eight  months 
successful  teaching. 

In  case  there  are  not  enough  teachers  with  certificates 
applying  for  the  schools  in  any  county,  the  State  Super- 
intendent of  Public  Instruction  may  issue  a  temporary 
certificate  to  a  sufficient  number  of  those  persons  who  stood 
the  examination  in  that  county  and  are  most  nearly 
qualified,  as  shown  by  any  regular  examination  in  which 
they  may  have  participated,  which  certificate  shall  be  good 
only  in  said  county;  or  he  may  order  a  special  examination 
for  that  purpose.  But  no  certificate  thus  issued  shall  be 
valid  longer  than  the  time  for  the  next  examination,  and 
no  such  certificate  shall  be  issued  to  the  same  person  more 
than  twice. 

Professional  certificates  shall  be  issued  by  the  State 
Superintendent  of  Public  Instruction  as  follows: 

1.  An  elementary  certificate  of  the  first  grade  to  the 
applicant  who  has  completed  the  academic  course  of  the 
State  Normal  Schools. 

2.  A  certificate  good  in  all  schools,  except  high  schools 
of  the  first  class,  to  the  applicant  who  has  completed  the 
normal  course  of  the  State  Normal  Schools. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  103 

3.  A  high  school  certificate  of  the  first  grade  to  the 
applicant  who  is  a  graduate  of  the  State  University  who  has 
completed  any  six  half-year  courses  offered  by  the  Uni- 
versity in  psychology,  history  of  education,  principles  of 
teaching  and  school  management,  not  less  than  two  of 
which  shall  have  special  reference  to  high  school  work. 

4.  In  accordance  with  such  uniform  rule  and  regula- 
tions as  may  be  adopted  by  the  State  Board  of  Education, 
the  State  Superintehdent  of  Public  Instruction  may  issue 
certificates   without   examination   to   graduates   of   other 
institutions  of  learning  whose  standards  of  admission  and 
requirements  for  graduation  are  not  lower  than  those  of  the 
State  Normal  Schools  and  the  State  University. 

Provided,  That  said  standards  and  requirements  shall 
first  have  been  carefully  examined  by  the  said  Superin- 
tendent and  Board;  and, 

Provided,  further,  That  the  requirements  with  which  the 
graduates  of  said  institutions  are  licensed  shall  not  be 
lower  than  those  made  for  the  graduates  of  the  State 
Normal  Schools  and  the  State  University  of  this  State. 

All  certificates  granted  by  the  State  Superintendent  of 
Public  Instruction  on  diplomas  or  degrees  from  institu- 
tions of  learning  shall  be  good  in  any  county  of  the  State. 

All  certificates  outstanding  at  the  time  this  Act  takes 
effect  shall  be  valid  for  the  times  and  purposes  for  which 
they  were  issued  if  not  revoked  by  the  State  Superintendent 
of  Public  Instruction. 

The  State  Superintendent  of   Public   Instruction  may  certificates! 
revoke  the  certificate  of  any  teacher  who  shall  be  guilty 
of  immoral  conduct,  upon  sufficient  evidence  of  the  same 
furnished  by  the  County  Superintendent  of  the  county  in 
which  the  holder  is  teaching. 

The  State  Superintendent  of  Public  Instruction  shall, 
with  the  help  of  the  State  Board  of  Examiners  as  hereinafter 
provided,  prepare  and  announce  courses  of  study  for 
persons  holding  the  elementary  certificate  of  the  first  grade 
and  for  persons  holding  the  high  school  certificate  of  the 
first  grade,  such  courses  to  cover  the  principal  subjects 
named  in  the  certificates;  and  any  such  person  who  com- 


104 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE. 


State  board  of 
examiners. 


Local 

examinations. 


pletes  either  of  these  courses  and  passes  the  required 
examination  upon  the  subjects  contained  in  it  shall  be 
granted  a  permanent  certificate  of  the  same  class  and  grade ; 
but  permanent  certificates  shall  be  revoked  if  the  holders 
shall  discontinue  school  work  for  more  than  three  successive 
years,  and  if  they  fail  to  attend  institutes  and  do  the  work 
of  the  Reading  Circle,  or  meet  other  requirements  as 
prescribed  by  the  State  Superintendent  of  Public  Instruc- 
tion and  the  State  Board  of  Education. 

SEC.  7.  Be  it  further  enacted,  That  the  State  Board  of 
Education  and  the  State  Superintendent  of  Public  instruc- 
tion, are  hereby  constituted  a  Board  of  Examiners,  of  which 
the  State  Superintendent  of  Public  Instruction  shall  be 
chairman,  for  the  purpose  of  preparing  questions,  conduct- 
ing examinations  and  otherwise  assisting  the  State  Super- 
intendent of  Public  Instruction  and  the  State  Board  of 
Education  in  carrying  out  the  provisions  of  this  Act;  and 
they  shall,  upon  the  call  of  the  State  Superintendent  of 
Public  Instruction,  meet  for  this  purpose  at  such  times  and 
places  as  he  may  designate.  The  necessary  expenses  of  the 
Examiners  incurred  in  attending  such  meetings  and  in 
performing  any  other  duties  required  of  them  by  this  Act 
shall  be  paid  out  of  the  examination  fund  to  be  made  up 
of  the  examination  fees  as  hereinafter  provided.  The 
State  Board  of  Examiners  herein  provided,  shall  have  the 
power  and  authority  to  secure  the  assistance  of  the  Normal 
School  Presidents,  State  High  School  Inspector,  Elementary 
School  Inspector,  and  all  other  employees  of  said  Board 
in  conducting  said  examinations  without  any  extra  pay  or 
compensation  for  said  services. 

On  the  recommendation  of  the  Examiners,  the  State 
Superintendent  may  employ,  at  such  reasonable  wages  as 
the  Examiners  shall  fix,  competent  persons  to  grade  exami- 
nation papers  and  such  other  assistants  as  may  be  necessary 
to  enable  him  to  carry  out  the  provisions  of  this  Act,  all 
such  wages  to  be  paid  out  of  the  examination  fund  in  the 
manner  herein  provided. 

Examinations  shall  be  held  at  the  county  seat  of  each 
county  in  some  suitable  room  or  rooms,  to  be  designated 


PUBLIC   SCHOOL  LAWS   OF  TENNESSEE.  105 

by  the  local  examining  committee  on  dates  prescribed  by 
the  State  Superintendent  of  Public  Instruction.  The 
County  Superintendent  of  Public  Instruction,  the  Chair- 
man of  the  County  Board  of  Education  and  one  other 
person,  to  be  selected  by  the  State  Superintendent  of 
Public  Instruction,  shall  constitute  the  local  examining 
committee  of  each  county.  For  service  on  examining 
committees  County  Superintendents  shall  receive  no  pay  in 
addition  to  their  regular  salary;  the  Chairman  of  the 
County  Board  of  Education  shall  receive  his  per  diem  and 
expenses  as  for  other  services,  and  the  third  members  shall 
be  paid  at  the  same  rate;  all  payments  to  be  made  out  of 
the  school  fund  of  the  county  as  other  incidental  expenses 
are  paid. 

On  the  same  dates  examinations  shall  be  held  at  such 
other  places  in  the  State  as  may  be  designated  by  the  State 
Superintendent  of  Public  Instruction,  under  the  supervision 
of  the  State  Board  of  Examiners,  and  on  such  dates  as  may 
be  named  by  the  State  Superintendent  of  Public  Instruc- 
tion. No  fewer  than  two  places  shall  be  selected  in  each 
Grand  Division,  and  the  questions  shall  be  uniform  in  all 
examinations. 

In  conducting  the  examination  the  local  examining  com- 
mittee  and  the  State  Board  of  Examiners  shall  comply  with 
the  provisions  of  this  Act  and  the  rules  and  regulations  of 
the  State  Superintendent  of  Public  Instruction  and  the  State 
Board  of  Education ;  and  after  each  examination  and  upon 
completion  of  the  duties  connected  therewith,  the  members 
of  the  local  examining  committee  and  the  representatives 
of  the  State  Board  of  Examiners  supervising  said  examina- 
tion shall  make  oath  or  affidavit  before  a  Notary  Public 
or  other  person  authorized  to  administer  oath,  that  they 
have  conducted  the  examination  in  accordance  with  said 
law  and  rules  and  regulations,  and  said  oath  or  affidavit 
shall  be  forwarded  at  once  to  the  State  Superintendent  of 
Public  Instruction,  with  the  examination  papers  of  all 
applicants. 

Any  County  Superintendent,  member  of  examining  com- 
mittee,  printer,  officers  of  State  or  county,  or  any  other 


106  PUBLIC   SCHOOL  LAWS  OF  TENNESSEE. 

person  who  shall  sell,  barter,  give  or  furnish  or  procure  to 
be  sold,  bartered,  given  or  furnished  to  any  applicant  for 
a  certificate  to  teach  in  the  public  schools,  or  to  any  person, 
any  question  or  questions  prepared  or  sent  out  by  the  State 
Board  of  Examiners  for  the  examination  of  persons  applying 
for  such  certificates,  or  in  any  way  dispose  of  such  question 
or  questions  except  in  the  manner  provided  by  law  and  the 
regulations  of  the  State  Superintendent  of  Public  Instruc- 
tion, shall  be  guilty  of  a  misdemeanor,  and,  upon  conviction 
thereof,  shall  be  fined  not  less  than  $100.00,  and  may  be 
imprisoned,  at  the  discretion  of  the  Court. 

Before  entering  upon  the  examination,  every  applicant 
for  an  elementary  school  license  shall  pay  to  the  Trustee 
of  the  County  a  fee  of  Two  and  One-half  ($2.50)  Dollars, 
and  every  applicant  for  a  high  school  license  shall  pay  a  fee 
of  Three  and  One-half  ($3.50)  Dollars.  Provided,  That  one- 
half  of  these  fees  in  each  county  be  held  in  said  county  for 
the  support  of  the  County  Institute  and  the  Trustee  shall 
give  a  receipt  for  the  same,  which  receipt  shall  be  presented 
to  the  examining  committee  before  the  examination  is 
begun.  The  County  Trustee  shall  forward  to  the  State 
Superintendent  of  Public  Instruction  a  voucher  for  all 
moneys  received  in  examination  fees,  less  his  commission 
of  two  per  cent,  and  a  correct  statement  showing  the  amount 
of  each  fee  and  the  name  and  postoffice  address  of  the  person 
paying  the  same. 

Any  applicant  for  license  who  presents  a  diploma  or 
certificate  or  other  credential  in  lieu  of  examination  shall 
pay  to  the  State  Superintendent  of  Public  Instruction  a  fee  of 
Two  and  One-half  Dollars;  all  fees  thus  received  by  the 
State  Superintendent  of  Public  Instruction  shall  be  de- 
posited as  other  examination  fees  with  the  Comptroller  of 
the  Treasury. 

Depottt  of  fees.  The  State  Superintendent  of  Public  Instruction  shall 
endorse  all  such  vouchers  and  deposit  them  with  the 
Comptroller  of  the  Treasury,  to  be  collected  and  held  as  a 
special  fund,  out  of  which  all  expenses  of  the  examination 
shall  be  paid.  Vouchers  for  such  expenses  shall  be  drawn 
on  this  fund  in  the  same  manner  as  vouchers  are  drawn  on 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE.  107 

the  school  fund  for  the  expenses  of  the  State  Board  of 
Education,  and  separate  accountings  of  the  same  shall  be 
made  and  published  by  the  State  Superintendent  of  Public 
Instruction  in  his  report  and  by  the  Comptroller  and 
Treasurer  in  their  reports. 

Any  portion  of  this  examination  fund  remaining  after 
all  the  expenses  of  examinations  of  any  year  have  been 
paid,  may,  with  the  consent  of  the  State  Board  of  Education, 
be  used  by  the  State  Superintendent  of  Public  Instruction 
for  awards  to  encourage  teachers,  pupils  and  school  officers 
to  make  improvements  in  their  schools  in  any  way  he  may 
designate. 

SEC.  8.     Be  it  further  enacted,  That  the  provisions  of  CIUea  Induded- 
this  Act  shall  apply  to  all  public  school  teachers  in  the  State 
except  those  employed  by  Boards  of  Education  in  cities 
having  a  population  of  more  than  7,500  by  the  Federal 
census  of  1910,  or  any  subsequent  Federal  census. 

SEC.  9.  Be  it  further  enacted,  That  all  fines  or  penalties 
that  may  be  collected  under  this  Act  shall  go  into  the  public 
school  fund  of  the  county  or  city  in  which  collected. 

SEC.  10.  Be  it  further  enacted,  That  all  laws  or  parts 
of  laws  in  conflict  with  this  Act  be,  and  the  same  are, 
hereby  repealed,  and,  except  as  otherwise  provided,  this 
Act  take  effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 


Classified  List  of  Decisions  of  the  Supreme 
Court  Construing  the  School  Laws. 


I.— STATE  SUPERINTENDENT. 

Suit  to  recover  counsel  fees  illegally  paid  out  of  county  school  funds 
may  be  prosecuted  by  State  Superintendent  of  Public  Instruc- 
tion.—State  v.  H.  C.  True,  8  Gates,  294. 

The  power  to  employ  counsel  and  procure  a  suit  to  be  brought  to  pre- 
vent a  misappropriation  of  public  school  funds  in  the  hands  of 
the  County  Trustee  is  vested  in  the  State  Superintendent  of 
Public  Instruction,  and  not  in  the  Quarterly  Court. — State  v. 
True,  8  Gates,  309,  310. 

II.— COUNTY  SUPERINTENDENT. 

Decision  of  County  Court  Final  in  fixing  salary. — 6  Lea,  501,  Haile  v. 

Young. 

III.— DISTRICT  DIRECTORS. 

Election— Illegal  Directors. — 12  Lea,  486,  Meadows  v.  Nesbitt. 

Election  of  Directors. — See  cases  Nollie  Roberts  v.  Len  K.  Hart,  Trustee; 

Banks  v.  Burkhalter,  from  Davidson  County.     21  and  22  Pickle. 
Contested  Election — County  Court  Decides. — 12  Lea,  30,  State  v.  Burch- 

field. 

Removal  from  Office. — 3  Tenn.  Ch.  Rep.,  177,  State  v.  Leonard. 
Contracts  with,  and  pay  and  dismissal  of  teachers. — 5  Lea,  526,  Parker 

v.  School  District;    12  Lea,  486,  Meadows  v.  Nesbitt;    10  Lea,  344, 

Crawley  v.  Leonard;   10  Lea,  219,  Morley  v.  Power;  5  Lea,  692,  Mor- 

ley  v.  Power;  5  Lea,  265,  Bayless  v.  Driskell. 
Violation  of  Section  19  of  School  laws  a  misdemeanor. — 9  Baxter,  559, 

State  v.  Keeton. 
Power  to  regulate  the  suspension  or  dismissal  of  pupils. — 5  Lea,  526, 

Parker  v.  School  District. 
Directors  contract  with  teachers. — See  cases  Nollie  Roberts  v.  Len  K. 

Hart,  Trustee;   Banks  v.  Burkhalter,  from  Davidson  County.     21  and 

22  Pickle. 
Liability  of  school  directors  for  loss   of  school  fund. — See  Code,  sec. 

1426;  Finney  v.  Garner,  2  Gates,  67-74. 
Suit  against  school  directors  for  loss  of  school  fund  may  be  brought 

in  whose  name. — Finney  v.  Gamer,  2  C&tes,  67-74. 


110  PUBLIC   SCHOOL   LAWS   OF   TENNESSEE. 

IV.— TEACHERS. 

Power  of  Directors  to  employ,  control,  and  dismiss  teachers.  (See 
"Directors.) — 5  Lea,  692,  Morley  v.  Power;  5  Lea,  526,  Parkers 
School  District;  10  Lea,  219,  Morley  v.  Power;  10  Lea,  344,  Crawley 
v.  Leonard;  12  Lea,  486,  Meadows  v.  Nesbitt;  9  Baxter,  559;  State 
v.  Keeton,  13  Pickle,  489,  490,  494. 

Teachers'  contract  with  directors. — See  cases  Nollie  Roberts  v.  Len  K. 
Hart,  Trustee;  Banks  v.  Burkhalter,  from  Davidson  County.  21  and 
22  Pickle. 

Employment  of  minors. — 12  Lea,  30,  State  v.  Burchfield. 

Pay  of  teachers. — 10  Lea,  219,  Morley  v.  Power;  10  Lea,  344,  Crawley  v. 
Leonard;  5  Lea,  265,  Bayless  v.  Driskell;  6  Lea,  274,  Bank  v.  Baber. 

Power  of  teachers  to  suspend  and  punish  pupils. — 3  Head,  425,  Ander- 
son v.  State;  5  Lea,  526,  Parker  v.  School  District;  3  Leg.  Rep.,  19, 
State  v.  Von  Strans. 

NOTE. — The  power  to  employ  teachers  for  schools  beginning  after  July  1,  1907,  is  vested  in 
the  County  Board  of  Education  and  not  in  directors  now  in  office. 

V.— SCHOOL  DISTRICTS. 

Debt  of  Directors  binds  successors,  although  district  organization 
changed. — 3  Tenn.  Ch.  Rep.,  556,  Shankland  v.  Phillips;  6  Lea,  273, 
Bank  v.  Baber. 

NOTE.— Since  the  decision  in  the  case  of  Rodemer  v.  Mitchell,  6  Pickle,  65,  the  Legislature 
of  1891  has,  by  statute,  empowered  the  County  Court  to  create  new  school  districts, 

School  districts,  citizens,  taxpayers,  etc.,  can  maintain  an  action  for 
illegal  distribution  of  the  school  funds. — State  v.  True,  8  Gates, 
311. 

VI.— COUNTY  TRUSTEE. 

Liability.— 5  Lea,  265,  Bayless  v.  Driskell;  6  Lea,  276,  Bank  v.  Baber. 
May  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones;   14  Lea,  536,  Jernegan  v.  Gray. 

VII.— SCHOOL  TAXES. 

County  Court  may  levy  tax  equal  to  entire  State  tax  at  any  term  of 
Court. — 5  Lea,  708,  Railroad  ».  Franklin  County;  7  Lea,  309,  Bright 
v.  Holloman. 

VIII.— PUBLIC  SCHOOL  FUNDS. 

Statute  for  collection  and  disbursement  of  public  school  funds  is  not 
unconstitutional  as  embracing  more  than  one  subject. — Con- 
stitution cited  and  construed:  Art.  2,  sec.  17;  Acts  cited  and  con- 
strued: Acts  1897,  ch.  36;  State  v.  True,  8  Gates,  298-307. 

Quarterly  Court  cannot  employ  counsel  to  prevent  misappropriation 
of.  Power  in  State  Superintendent  of  Public  Instruction. 

Counsel  fees  cannot  be  paid  out  of  school  fund  by  Chairman  of  County 
Court  for  services  in  suit  for  protection  of  school  funds. — State 
v.  True,  8  Gates,  307. 

Bond  to  protect  sureties  on,  not  released  by  individual  action  of  Di- 
rectors— liability  of. — Finney  v.  Garner,  2  Gates,  68. 


PUBLIC   SCHOOL  LAWS   OF   TENNESSEE  111 

IX.— SCHOOL  WARRANTS. 

How  issued. — 10  Lea,  219,  Morley  v.  Power;  5  Lea,  265,  Bayless  t».  Driskell. 
Not  negotiable,  do  not  bear  interest,  subject  to  statute  of  limitations, 

etc.,  and  Trustee's  duty. — 5  Lea,  265,  Bayless  v.  Driskell;   6  Lea, 

274,  Bank  v.  Baber. 

X.— SCHOOLS  OF  MUNICIPAL  CORPORATIONS. 
May  levy  tax,  and  may  admit  children  residing  outside  the  corpora- 
tion.—15  Lea,  633,  Ballentine  v.  Pulaski. 

XL— PROCEDURE  IN  COURTS. 

Teacher  cannot  sue  Comptroller. — 10  Lea,  576,  Yost  v.  Gaines. 
County  Trustee  may  be  sued. — 9  Lea,  168,  Bedwell  v.  Jones;   14  Lea,  536, 

Jernegan  v.  Gray. 
Cases  where  mandamus  will  lie. — 5  Lea,  265,  Bayless  v.  Driskell;  5  Lea, 

692,  Morley  v.  Power;  6  Lea,  274,  Bank  v.  Baber. 
County  Court  decides  contested  election  of  Directors. — 12  Lea,  30, 

State  v.  Burchfield. 
Removal  of  Director. — 3  Tenn.  Ch.  Rep.,  177,  State  v.  Leonard. 

XII.— OATH  MUST  BE  TAKEN  BY  ALL  OFFICERS— MISDEMEAN- 
OR TO  ENTER  ON  OFFICE  WITHOUT  IT. 
Constitution,  Art.  10,  Sec.  1;    M.  &  V.  Code,  Art.  2,  Sees.  940,  941, 
942,  943,  947,  948;  8  Baxter,  591. 

XIII.— CONSTITUTIONAL  REQUIREMENT. 
Constitution,  Art.  11,  Sec.  12;  5  Hum.,  279;  5  Baxter,  1. 
Uniform  Text-Book  Act  Constitutional.— Leiper  v.  State,  19  Pickle. 


INDEX. 


ACADEMIES. 

May  transfer  property,  pp.  61,  62. 

ADMINISTRATION. 

Advisory  Board  of  Education    p.  18,  sec. 

13. 

County  Board  of  Education,  p.  15,  sec.  3. 
County  High  School  Board  of  Education. 

p.  38,  sec.  3. 

County  Superintendent,  p.  10,  sec.  8. 
State  Board  of  Education,  p.  7, 
State  Superintendent,  p.  3,  sec.  3. 
State  High  School  Inspector,  p.  73,  sec.  5. 
State  Board  of  Examiners,  p.  104,  sec.  7. 

ADVISORY  BOARDS. 

Election,  p.  18,  sec.  13;  p.  58,  sec.  13. 
Members  to  qualify,  p.  60,  sec.  18. 
Duties,  p.  18,  sec.  14,  subsecs.  1  to  6;  pp. 

58,  59. 
Vacancies,  p.  14,  sec.  11,  subsec.  2;   p.  59 

sec.  15. 

AFFIDAVIT. 

Census  Enumerator,  p.  19,  sec.  14,  subsec. 

4. 
To  be  filed  with  County  Superintendent, 

p.  19,  sec.  14,  subsec.  4. 

AGRICULTURAL     AND     INDUSTRIAL 
NORMAL  SCHOOL. 
Who  may  attend,  p.  76,  sec.  7. 

AGRICULTURE. 

To  be  taught,  p.  26,  sec.  32,  subsec.  6. 

APPORTIONMENT. 

Common  school  funds,  p.  70,  sec.  2. 
Equalization  funds,  p.  70,  sec.  3. 
Supplement  of   County   Superintendent's 

salary,  p.  71,  sec.  4. 
State  funds,  p.  30,  sec.  44. 

APPROPRIATION. 

Text-book  Commission,  p.  53,  sec.  16. 

ARBOR  DAY. 

Appointed  by  county  superintendents,  p. 

14,  sec.  11,  subsec.  2. 
Public  exercises,  p.  14,  sec.  11,  subsec.  2. 

ATTENDANCE. 

Age  of  pupils,  p.  6,  sec.  7,  subsec.  13;   p. 

24.  sec.  30;  p.  88.  sec.  1. 
Minimum  attendance  required,  p.  25,  sec. 

30. 

Exemptions,  p.  88,  sec.  2. 
Penalties  for  evasion  or  failure  to  comply 

with  compulsory  attendance  law,  p.  89, 

sec.  3. 
Provisions  for  indigent   children,   p.   89, 

sec.  2. 
Teachers  to  be  furnished  names  of  children 

of  school  age,  p.  91,  sec.  6. 
Teachers  to  report  absent  children  of  school 

age  to  superintendents,  p.  91,  sec.  6. 
Written  notice  to  parents  of  absences,  p. 

91,  sec.  6. 

Attendance  officers  to  be  elected,  p.  91, 

sec.  7. 
Truancy  schools  may  be  established,   ru 

92,  sec.  8. 


ATTENDANCE  OFFICERS. 
Qualifications,  p.  91.  sec.  7. 
Duties,  p.  91,  s^c.  6;  p.  92,  sec.  7. 

ATTORNEY  GENERAL. 

Prepare  text-book  contract,  p.  45,  sec.  3. 

ATTORNEYS,  DISTRICT  AND  LOCAL. 

State  Superintendent  may  appoint,  p.  32, 
sec.  45/. 

Prosecute  County  Superintendent  or  trus- 
tee for  failure  to  make  report,  p.  32,  sec. 
45g. 

Conduct  prosecutions,  p.  24,  sec.  25. 

BANK  OF  TENNESSEE. 
Issue,  p.  29,  sec.  43. 

BOARDS,  LOCAL  AND  ADVISORY. 

Duties,  'p.  19,  sec.  14,  subsecs,  1  to  6;  pp. 

58  and  59. 
How  elected  and  when  to  qualify,  p.  18, 

sec.  13;  p.  58,  sec.  13. 
Vacancies,  p.  14,  sec.  11,  subsec.  2;   p.  59, 

sec.  15. 

BOARDS  OF  EDUCATION. 

Advisory  Boards,  p.  18,  sec.  13. 

County  Board  of  Education,  p.  15,  sec.  3. 

County  High  School  Board  of  Education, 

p.  38,  sec.  3. 
State  Board  of  Education,  p.  7,  sec.  55. 

BOND. 

To  furnish  text-books  may  be  sued  on,  p. 
46,  sec.  3. 

BONDS. 

Commission  not  allowed   trustee,   p.  83, 

sec.  6. 
County  Court  may  issue  and  sell,  p.  82, 

sec.  1. 

Denomination,  p.  83,  sec.  4. 
Fund  from  bonds  kept  separate,   p.  83, 

sec.  6. 

Interest  on,  p.  82,  sec.  2. 
Issued  by  Quarterly  Court,  p.  85,  sec.  11. 
Proceeds  turned  over  to  trustee,   p.  83, 

sec.  6. 

Redemption  of,  p.  85,  sec.  12. 
Seal  of  County  Clerk,  p.  82,  sec.  1. 
Signed  by  Judge  or  Chairman  of  County 

Court,  p.  82,  sec.  3. 
Sinking  fund,  p.  84,  sec.  8. 
Special  school  fund,  p.  84,  sec.  10. 

BRANCHES  OF  STUDIES. 

Primary  schools,  p.  25,  sec.  32,  subsecs. 

2  and  6. 
Secondary  schools,  p.  25,  sec.  32,  subsec.  3. 

CENSUS. 

Duty  City  Board  of  Education,  p.  19,  sec. 

14,  subsec.  4. 
Duty  of  Secretary  of  Advisory  Board,  p. 

19,  sec.  14;  subsec.  4. 
.Duty  of  County  Superintendent,   p.   12, 

sec.  9,  subsec.  5. 
Duty  of  State  Superintendent,  p.  6,  sec, 

7,  subsec.  12. 


114 


INDEX. 


CERTIFICATES. 

Qualification  of  teachers,  p.  20,  sec.  1;    p. 

6,  sec.  7,  subsec.  10a;    p.  26,  sec.  32, 

subsec.  5;  p.  101,  sec.  6. 
To  pupils  completing  primary  school,  p. 

27,  sec.  32,  subsec.  2. 
To    pupils   completing   secondary    school, 

p.  27,  sec.  32,  subsec.  3. 
Certificate  of  health  may  be  required  of 

teachers,  p.  21;   p.  100,  sec.  1. 
To  be  issued  by  State  Superintendent,  p. 

101,  sec.  6. 

Grades  of  certificates,  p.  101,  sec.  6. 
Temporary  certificates,  p.  102,  sec.  6. 
Professional  certificates,  p.  102,  sec.  6. 
Revocation,  p.  103,  sec.  6. 
Permanent  certificates,  p.  103,  sec.  6. 

CITIES  AND  TOWNS. 

To    enumerate    scholastic    population,    p. 

19,  sec.  14,  subsec.  4. 
What  to  include  in  population  reports,  p. 

19.  sec.  14,  gubsec.  4. 
Rights,  p.  33,  sec.  52. 
May  establish  graded  schools,  p.  33,  sec. 

52,  subsec.  1. 

May  levy  school  tax,  p.  33,  sec.  52. 
Exempt  from  County  Board  law,  p.  59, 

sec.  16. 

CITY  SCHOOLS. 

Exempt  from  County  Board  Law,  p.  59, 

sec.  16. 
Boards  to  enumerate  census,  p.   19,  sec. 

14,  subsec.  4. 
To  receive  share  of  public  school  money, 

p.  33,  sec.  51. 

COMPTROLLER. 

To  apportion  school  fund,  p.  30,  sec.  44. 

To  distribute  school  fund  to  counties  on  a 
per  capita  basis,  p.  69,  sees.  1  and  2. 

To  certify  to  Chairman  of  County  Court, 
p.  32,  sec.  45g. 

To  give  notice  of  distribution,  p.  30,  sec. 
44. 

To  issue  warrant  on  Bank  of  Tennessee 
fund,  p.  29,  sec.  43. 

To  issue  warrant  for  expenses  of  examina- 
tions of  teachers,  p.  106,  sec.  7. 

COMPULSORY  ATTENDANCE. 

Age  of  pupils,  p.  6,  sec.  13;  p.  24,  sec.  30; 
p.  88,  sec.  1. 

Exemptions,  p.  88,  sec.  2. 

Consecutive  attendance,  p.  88,  sec.  1. 

Provisions  for  indigent  children,  p.  89, 
sec.  2. 

Penalties  for  evasion  or  failure  to  comply, 
p.  89,  sec.  3. 

Remission  officers,  p.  90,  sec.  3. 

Jurisdiction  of  judges,  p.  90,  sec.  4. 

Fines  to  go  to  school  fund,  p.  90,  sec.  5. 

County  Superintendents  to  furnish  teach- 
ers names  of  children  of  school  age,  p. 
91,  sec.  6. 

Teachers  to  report  absent  children  of  school 
age  to  superintendents,  p.  91,  sec.  6. 

County  and  City  Superintendents  must 
give  written  notice  to  parents  of  ab- 
sences, p.  91,  sec.  6. 

Attendance  officers  to  be  elected,  p.  91, 
sec.  7. 

Qualification  of  attendance  officers,  p.  91, 
sec.  7. 

Duties  of  attendance  officers,  p.  91,  sec.  6; 
p.  92,  sec.  7. 

Truancy  schools  may  be  established,  p.  92. 
sec.  8. 


CONSOLIDATED  SCHpOLS. 

Power  of  district  directors  and   County 

Board  of  Education,  p.  27,  sec.  33. 
Power  of  County  High  School  Board,  p. 

39,  sec.  8. 

State  aid  for,  p.  71,  sec.  3. 
Consolidation  authorized,  p.  86,  sec.  1. 
Transportation  of  pupils  authorized,  p.  86, 

sec.  2. 

Supervisors  authorized,  p.  86,  sec.  3. 
Qualifications  of  supervisors,  p.  87,  sec.  3. 

CONTRACTORS. 

To  print  price  on  text-books,  p.  47,  sec.  4. 
To  make  bond,  p.  46,  sec.  3. 

COUNTIES. 

Exempt  from  County  Board  law,  p.  60, 

sec.  17. 

That  receive  portion  of  equalization  funds 
p.  70,  sec.  3;  p.  73,  sec.  5. 

COUNTY  BOARD  LAW. 

Counties  under,  p.  54,  sec.  1. 
Counties  exempt,  p.  60,  sec.  17. 
Cities  exempt,  p.  59,  sec.  16. 

COUNTY  BOARD  OF  EDUCATION 

Who  constitute  County  Board,  p.  15,  sec.  3. 

Members  of,  p.  54,  sec.  3 

Created,  p.  54,  sec.  1. 

Election  and  qualification,  p.  54,  sec.     4 

p.  55,  sec.  5. 
How  vacancies  are  filled,  p.  14,  sec.  11; 

p.  15,  sec.  6. 
Duties  of  Chairman,  p.  16,  sec.  7,  subsec. 

1,  and  p.  55,  sec.  7. 

Temporary  Chairman,  p.  16,  sec.  7,  sub- 
sec.  1. 
Special  meetings,  p.  16,  sec.  7,  subsec.  2, 

and      p.      17,     sec.      10,     subsec.      1. 
Committees,  p.  16,  sec.  7,  subsec.  2. 
Term  of  service,  p.  15,  sec.  4. 
Time  to  qualify  and  organize,  p.  15,  sec.  4. 
Must  be  resident  of  district,  p.  15,  sec.  5. 
Quorum,  p.  16,  sec.  7,  subsec.  1. 
Duties  of  Board,  p.  56,  sec.  10,  subsec.  1 ; 

pp.  57,  58  and  59. 

To  select  teachers,  p.  56,  sec.  10,  subsec.  2. 
To  fix  term  of  schools,  p.  57,  sec.  I'O,  sub- 
sec.  3. 
To  locate  schools,  p.  57,  sec.  10,  subsec.  4; 

p.  17,  sec.  10,  subsec.  4. 
To  receive  .reports,  p.  57,  sec.  10,  subsec.  5. 
To  visit  schools,  p.  57,  sec.  10,  subsec.  6; 

p.  18,  sec.  10,  subsec.  6. 
To  dismiss  pupils,  p.  57,  sec.  10,  subsec.  7; 

p.  19,  sec.  14,  subsec.  5. 
May  require  certificates  of  health  of  teach- 
ers, p.  20;  p.  100,  sec.  1. 
To  dismiss  teachers,  p.  57,  sec.  10,  subsec. 

8;  p.  18,  sec.  10,  subsec.  8. 
To  care  for  property,  p.  57,  sec.  10,  subsec. 

9;  p.  18,  sec.  10,  subsec.  9. 
To  make  district  reports,  p.  57,  sec.  11. 
Compensation,  p.  58,  sec.  12. 
Secretary's  duties,  p.  16,  sec.  8,  subsecs. 

1  to  3;  p.  17,  sec.  9. 
To  suspend  schools  for  poor  attendance, 

p.  24,  sec.  30;   p.  17,  sec.  10,  subsec.  3. 
To  perform  duties  of  District  Directors,  p. 

18,  sec.  10,  subsec.  9. 
To  buy,  transfer  or  sell  school  property, 

p.  18,  sec.  10,  subsec.  9. 
To  act  on  appeals  of  suspended  pupils,  p. 

18,  sec.  10.  subsec.  7. 
Issue  order  on  Chairman  for  salary,  p.  17, 

sec.  10,  subsec.  5. 
Time  of  meetings,  p.  17,  sec.  10,  subsec.   1 


INDEX. 


115 


May  permit  pupils  to  attend  in  another 

county,  p.  17,  sec.  10,  subsec.  4. 
To  fix  minimum  attendance,  p.  17,  sec.  10, 

subsec.  3. 
To  run  schools  same  term,  p.  17,  sec.  10, 

subsec.  3. 
Control  expenditure  of  school  fund,  p.  17, 

sec.  10,  subsec.  2. 

To  elect  attendance  officers,  p.  91,  sec.  7. 
May   establish    Truancy    Schools,    p.    92, 

sec.  8. 

COUNTY  COURT. 

Chairman's  duties,  p.  53,  sec.  8;    p.   10, 

sec.  8,  subsec.  1;   p.  30,  sec.  45a;   p.  11, 

sec.  8,  subsec.  1. 
County  Superintendent  to  report  to,  p.  13, 

sec.  10. 

Levies  county  tax,  p.  29,  sec.  40. 
Tax  to  secure  special  fund,  p.  70,  sec.  3. 
May  levy  high  school  tax,  p.  37,  sec.  2. 
To  elect  high  school  board,  p.  37,  sec.   3. 
To  divide  county  and  school  districts,  p. 

14,  sec.  2. 
To  elect  members  of  County  Board,  p.  15, 

sec.  4. 
To  approve  County  Trustee's  bond,  p.  22, 

sec.  44. 
May  issue  bonds  for  normal  schools,  p.  66, 

sec.  2. 

COUNTY  HIGH  SCHOOL  BOARD. 
How  elected,  p.  37,  sec.  3. 
Term  of  office,  p.  37,  sec.  3. 
Power  to  locate  and  control  high  schools, 

p.  39,  sec.  7. 

May  consolidate  high  schools,  p.  39,  sec.  8. 
May  admit   nonresidents  or  pupils  over 

age,  p.  40,  sec.  10. 

COUNTY  HIGH  SCHOOLS. 

County  Court  may  establish,  p.  37,  sec.  1. 

Special  tax  levy,  p.  37,  sec.  2. 

Fund  to  be  kept  separate,  p.  37,  sec.  2. 

How  controlled,  p.  37,  sec.  3. 

Subjects  and  grades  taught,  p.  38,  sec.  4; 

p.  72,  sec.  5. 

Three  teachers  required,  p.  38,  sec.  5. 
Requirement   for   admission  of  pupils,  p. 

38,  sec.  6. 

Board  to  locate,  establish  and  manage,  p. 

39,  sec.  7. 

May  be  consolidated,  p.  39,  sec.  8. 

To  be  under  county  and  State  officers,  p. 

39,  sec.  9. 

Teachers  to  make  reports,  p.  39,  sec.  9. 
Pupils  over  age  and  nonresidents,  p.  40, 

sec.  10. 
Disbursement  of  fund,  p.  40,  sec.  11;    p. 

72,  sec.  5. 

High  School  Inspector,  p.  73,  sec.  5. 
Academies  may  transfer  property  to,  pp. 

61  and  62. 
Teachers  to  be  examined,  p.  73,  sec.  5;   p. 

101,  sec.  6. 

Branches  to  be  taught,  p.  52,  sec.  11. 
Fund  to  revert  under  certain  conditions, 

p.  74,  sec.  5. 

COUNTY  .SUPERINTENDENT. 

Election  and  term  of  office,  p.  10,  sec.  8, 

subsec.  1. 

Removal  from  office,  p.  10,  sec.  8,  subsec.  1. 
To  be  examined,  p.  9,  sec.  55,  subsec.  12; 

p.  11,  sec.  8,  subsec.  1. 
Qualifications,  p.  10,  sec.  8,  subsec.  1. 
Shall  file  certificate,  p.  11,  sec.  8,  subsec.  1. 
Life  of  certificate,  p.  11,  sec.  8,  subsec.  1. 


Exempt  from  examination,  p.  11,  sec.  8, 
subsec.  1. 

Women  eligible,  p.  11,  sec.  8,  subsec.  1. 

Duties,  p.  11,  sec.  9. 

Supervision  of  schools,  p.  11,  sec.  9,  sub- 
sec.  1. 

To  visit  schools,  p.  11,  sec.  9,  subsec.  2. 

Require  report  from  County  Board,  p.  12, 
sec.  9.  subsec.  3. 

Examine  teachers  and  issue  certificates, 
p.  12,  sec.  9,  subsec.  4. 

Report  scholastic  population,  p.  12,  sec.  9, 
subsec.  5. 

Secretary  of  County  Board,  p.  12,  sec.  9, 
subsec.  6. 

Observe  directions  of  State  Superintend- 
ent, p.  12,  sec.  9,  subsec.  7. 

Keep  records  of  official  acts  and  bounda- 
ries of  school  districts,  p.  12,  sec.  9,  sub- 
sec.  8. 

Countersign  certain  warrants,  p.  12,  sec. 
9,  subsec.  9. 

Must  sign  warrants  in  ink,  p.  12,  sec.  9, 
subsec.  9. 

Keep  record  of  countersigned  warrants, 
p.  13,  gee.  9,  subsec.  10. 

May  recommend  pupils  for  normal  schools, 
p.  8,  sec.  55,  subsec.  7. 

Report  warrants  countersigned,  p.  1?-  sec. 

9,  subsec.  10. 

Not  to  teach,  contract,  or  buy  school  war- 
rants, pp.  13  and  14,  sec.  10,  subsecs.  1 
and  2. 

May  appoint  members  of  County  Board, 
p.  14,  sec.  11,  subsec.  1. 

May  appoint  members  of  advisory  board, 
p.  14,  sec.  11,  subsec.  2. 

May  appoint  arbor  day,  p.  14,  sec.  11,  sub- 
sec.  2. 

To  be  present  when  trustee  makes  settle- 
ment, p.  31,  sec.  456. 

To  make  quarterly  reports  to  State  Super- 
intendent, p.  31,  sec.  45c. 

Financial  report,  p.  31,  sec.  45c. 

To  report  loss  or  misuse  of  funds,  p.  31, 
sec.  45e. 

Misdemeanor  to  fail  to  make  reports,  p. 
32,  sec.  45g. 

When  to  report,  p.  12,  sec.  9,  subsec.  7. 

May  appoint  persons  to  make  report,  p. 
12,  sec.  9,  subsec.  3. 

Contracts  as  to  school  property,  p.  13  sec., 

10,  subsec.  1. 

Penalties  and  forfeitures,  p.   14,  sec.   10, 

subsec.  2;   p.  23,  sees,  23  and  24;   p.  32, 

sec.  45g. 

Salary,  p.  10,  sec.  8,  subsec.  1. 
County  Trustee  must  report  to  him,  pp. 

30,  31,  32,  sees.  45c,  45fc.  45c,  45d,  and 

45e. 
To  furnish  teachers  names  of  children  of 

school  age,  p.  91,  sec.  6. 
To  give  written  notice  to  parents  of  absent 

children  of  school  age,  p.  91,  sec.  6. 

COUNTY  TRUSTEE. 

Apportionment  from  Comptroller,  p.  30, 

sec.  44. 

Balance  not  redistributed,  p.  30,  sec.  42. 
Bond.  p.  22,  sec.  44. 
Compensation,  p.  22,  sec.  44. 
Certify  to  amounts  collected,  p.  22,  sec. 

44. 
County  school  tax  retained  and  distributed, 

p.  29,  sec.  40. 
Disbursed  by  warrant  of  County  Board, 

p.  16,  sec.  8,  subsec.  1. 
Duties  as  to  high  school  fund,  p.  40,  sec.  11. 


116 


INDEX. 


Duties  in  Bank  of  Tennessee  issue,  p.  29, 

sec.  43,  44. 

Liability,  p.  23,  sec.  45. 
Penalties,  p.  13,  sec.  9,  subsec.  9c;   p.  23, 

sec.  45. 
Report  to  County  Superintendent,  p.  22, 

sec.  43,  and  p.  30,  sec.  456. 
Report   distribution   to   directors,   p.   30, 

sec.  45a. 
State  poll  tax  retained  and  distributed,  p. 

28,  sec.  36. 
State  school  tax  retained  and  distributed, 

p.  29,  sees.  38  and  39. 
School  money  kept  separate,  p.  22,  sec. 

43;  p.  23,  sec.  45. 
To  distribute  money  quarterly,  p.  30,  sec. 

45o. 

To  make  annual  settlement,  p.  30,  sec.  456. 
To  settle  quarterly,  p.  30,  sec.  45a. 
Warrants  for  maps,  charts,  etc.,  to  be  ap- 
proved before  payment,  p.   13,  sec.  9, 

subsec.  9o. 

COURSE  OF  STUDY. 

Primary,  p.  25,  sec.  32,  subsec.  2. 
Secondary,  p.  25,  sec.  32,  subsec.  3. 
High  school  course,  p.  72,  sec.  5. 

DECISIONS. 

Supreme  Court,  classified,  pp.  109, 110  and 
111. 

DEPOSITORIES  OF  TEXT-BOOKS. 

One  in  each  grand  division,  p.  50,  sec.  8. 
One  to  four  in  each  county,  p.  50,  sec.  8. 
Contractor  may  arrange  with  merchants, 

p.  50,  sec.  8. 
May  order  books  by  mail,  etc.,  pp.  50,  51, 

sec.  8. 
Books  to  be  sold  at  price  printed  thereon, 

p.  51,  sec.  8. 

DIRECTOR  OF  LIBRARY  EXTENSION. 
Office  with  State  Superintendent,  p.  75, 

sec.  6. 
Duties,  p.  75,  sec.  6. 

DISBURSEMENT  OF  FUNDS. 

Normal  school,  by  State  Board  of  Educa- 
tion, p.  9,  sec.  55,  subsec.  11. 

DISTRIBUTION  SCHOOL  FUNDS. 

Permanent  school  fund,  p.  27,  sec.  34;   p. 

28,  sec.  35. 
General  education  fund,  p.  69,  sec.  1. 

DISTRICT  DIRECTORS. 

Office  abolished,  p.  3,  sec.  2. 

DIPLOMAS. 

From  normal  schools -exempts  holders  from 

examinations,  p.  8,  sec.  55,  subsec.  8. 
Pupils  completing  secondary  course,  p.  27, 
sec.  32,  subsec.  3. 

EDUCATIpNAL  FUND. 

Apportionment  of  general  fund,  p.  70,  sec. 

EDUCATIONAL  INSTITUTIONS. 
Exempt  from  taxes,  p.  63,  sec.  1. 

ENUMERATOR  OF  SCHOLASTIC  POPU- 
LATION. 

Secretary  of  Advisory  Board,  p.  19,  sec.  14, 

subsec.  4. 
Time  to  enumerate,  p.  19,  sec.  14,  subsec. 

Must  file  affidavit,  p.  19,  see.  14,  subsec.  4. 
City  Board  and  Advisory  Board  to  report, 
p.  19,  sec.  14,  subsec.  4. 


EXAMINATIONS. 

County  Superintendents,  p.  9,  sec.  55,  sub- 
sec.  12. 

Teachers  of  primary  and  secondary  schools, 
p.  12,  sec.  9,  subsec.  4. 

County  high  school  teachers,  p.  73,  sec.  5. 

Who  are  exempt,  p.  9,  sec.  55,  subsec.  8. 

Uniform  examination  and  certification  of 
teachers,  p.  20,  sec.  1;  pp.  99  to  107, 
inclusive. 

EXAMINERS, 

Chairman,  County  Court  may  appoint,  p, 

10,  sec.  8. 
State  Superintendent  may  appoint,  p,  5, 

sec.  7,  subsec.  7. 

State  Board  may  appoint,  p.  73,  sec.  5, 
State  Board  of  Examiners,  p.  104,  sec.  7, 

EXPENDITURE   OF   NORMAL   SCHOOL 
FUNDS. 
State  Board  of  Education,  p.  9,  gee.  55, 

subsec.  11. 

FEMALE  SCHOOLS. 

Not  to  be  disturbed,  p.  35,  sec.  1. 
Not  to  loiter  around,  p.  35,  sec.  2. 

FORFEITURES. 

For  failure  to  observe  text-book  law,  p.  46, 
sec.  3. 

For  paying  teachers  without  certificate,  p. 
20,  sec.  26. 

For  teachers  not  using  adopted  text-books, 
p.  53,  sec.  14. 

For  agents  who  violate  text-book  law,  p. 
53,  sec.  15. 

For  non-attendance,  p.  89,  sec.  2. 

Shall  go  to  district  where  offense  was  com- 
mitted, p.  24,  sec.  25. 

FORMS. 

Distributed  by  State  Superintendent,  p. 
5,  sec.  7,  subsec.  6. 

FUNDS. 

Comptroller  apportions  annual  State  fund, 

p.  30,  sec.  44. 
County  to  levy  additional  school  tax,  p. 

29,  sec.  39. 
Permanent  fund  and  its  proceeds,  p.  28, 

sec.  35. 

State  school  taxes,  pp.  28  and  29. 
General  school  fund,  p.  69,  sec.  1. 
To  supplement  County  Superintendent's 

salary,  p.  71,  sec.  4. 
High  school  fund,  p.  72,  sec.  5. 
Surplus  high  school  fund,  p.  74,  sec.  5. 
Public  school  library  fund,  p.  74,  sec.  6. 
Circulating  library  fund,  p.  76,  sec.  6. 
Normal  school,  p.  76,  sec.  7. 
Agricultural  and  Industrial  School,  p.  76, 

sec.  7. 

University  of  Tennessee,  p.  80.  sec.  8. 
Experiment  station,  p.  80,  sec.  8. 
Donations  by  bond  issue  by  county  or  city, 

to  normal  schools,  pp.  67,  68,  69,  sees.  1 

to  5. 

Poll  tax,  p.  28,  sec.  36. 
School  taxes,  pp.  28  and  29. 

GENERAL  EDUCATION  LAW. 
Amendment  to,  pp.  94-98. 
Apportionment  of  funds,  p.  70,  sec.  2. 
Circulating  libraries,  p.  76,  sec.  6. 
Counties  entitled  to  participate  in  distri- 
bution of  ten  per  cent,  p.  70,  sec.  3. 
Disbursement  of  funds,  p.  80,  sec.  7. 
Experiment  stations,  p.  80,  sec.  8. 
Fund  to  equalize  school  terms,  p.  70,  sec.  3, 


INDEX. 


117 


High  school  fund,  p.  72,  sec.  5. 

High  school  teachers  to  be  examined,  p. 

7H,  sec.  5. 

Inspector  of  high  schools,  p.  73,  sec.  5. 
Location  of  normal  schools,  p.  78,  sec.  7. 
Management  of  normal  schools,  p.  78,  sec. 

Normal  Course  of  Study,  p.  78,  sec.  7. 

Public  school  library  fund,  p.  74.  sec.  6. 

Report  of  County  Superintendents,  p.  72, 
sec.  4. 

Report  to  State  Superintendent,  p.  81,  sec. 
9. 

School  for  negroes,  p.  79,  sec.  7. 

State  Superintendent  to  certify  apportion- 
ment to  Comptroller,  p.  72,  sec.  4. 

State  Board  to  grade  high  schools,  p.  72, 
sec.  5. 

State  Board  to  adopt  regulations  for  dis- 
bursements high  school  fund,  p.  73, 
sec.  5. 

State  Board  to  issue  library  list,  p.  75, 
sec.  6. 

State  normal  schools,  p.  72,  sec.  7. 

State  normal  school  graduates,  p.  78,  sec.  7. 

State  University  scholarships,  p.  81,  sec.  8. 

Supplement  County  Superintendent's  sal- 
ary, p.  71,  sec.  4. 

Surplus  high  school  fund  to  revert,  p.  74. 

SCC     5 

Traveling  expenses  students  to  University 

paid,  p.  80,  sec.  8. 
University  of  Tennessee  appropriation,  p. 

80,  sec.  8. 
Reports  to  State  Superintendent,  p.  81, 

sec.  9. 

GOVERNOR. 

President  State  Board  of  Education,  p.  7, 
Approve  bond  of  State  Superintendent,  p. 

10,  sec.  55,  subsec.  b. 

Proclamation  of  text-books  adopted,  p.  50, 
sec.  7. 

HIGH  SCHOOL  INSPECTOR. 

Office  with  State  Superintendent,  p.  73, 

sec.  5. 
Duties,  p.  73,  sec.  5. 

HIGH  SCHOOLS. 

May  be  established,  p.  37,  sec.  1. 
Fund  kept  separate,  p.  37,  sec.  2. 
Academies  may  transfer  property,  pp.  61, 

62. 

Branches  taught,  p.  52,  sec.  11. 
How  fund  is  distributed,  p.  73,  sec.  5. 
To  be  graded,  p.  72,  sec.  5. 
Teachers  to  hold  certificates,  p.  73,  sec.  5. 
State  aid  for  industrial  work,  p.  74,  sec.  5. 

INDUSTRIAL  WORK  IN  HIGH  SCHOOLS. 
State  aid  for,  p.  74,  sec.  5. 

LIBRARIES. 

State  fund  to  assist  in  establishing,  p.  74, 

sec.  6. 
How  State  aid  may  be  obtained,  p.  74, 

sec.  6. 

Amount  a  library  may  receive,  p.  75,  sec.  6. 
Director  of  Library  Extension,  p.  75,  sec.  6. 
Preference  given  to  certain  counties,  p.  75, 

sec.  6. 
Regulations  to  be  made  by  State  Board  of 

Education,  p.  75,  sec.  6. 
State  Board  to  furnish  list  of  books,  p.  75, 

sec.  6. 
Purchase   of   books   reported   to    County 

Superintendents,  p.  76,  sec.  6. 


No  commission  allowed  County  Trustee, 

p.  76,  sec.  6. 
One-fifth  of  library  fund  to  be  used  for 

circulating  libraries,  p.  76,  sec.  6. 

LIBRARIES.  CIRCULATING. 

One-fifth  of  library  fund  to  be  used,  p.  76, 
sec.  6. 

LIBRARY  COMMISSION. 
Created,  p.  64,  sec.  1. 
Duties,  p.  65,  sec.  3. 
Records,  p.  64,  sec.  2. 
Meetings,  p.  65,  sec.  4. 
Quorum,  p.  65,  sec.  4. 

LICENSE. 

Teachers,  p.  20,  sec.  1;  p.  26,  sec.  32,  sub- 
sec.  5;  pp.  99  to  107,  inclusive. 
High  school  teachers,  p.  73,  sec.  5. 
County  Superintendents,  pp.  10,  11. 

MANUSCRIPTS. 

Text-Book  Commission  may  consider,  p. 
49,  sec.  6. 

MAYOR  AND  ALDERMEN. 

May  buy,  erect,  and  furnish  schoolhouses, 
p.  33,  sec.  52,  subsec.  2. 

May  levy  additional  school  tax  for  build- 
ings, p.  34,  sec.  52,  subsec.  3. 

Shall  appoint  board  of  education,  p.  34, 
sec.  52,  subsec.  4. 

May  issue  and  sell  normal  school  bonds, 
p.  66,  sec.  3. 

MISDEMEANOR. 

To  violate  text-book  law,  p.  53,  sees.  13, 
14,  15. 

To  disturb  female  schools,  p.  35,  sec.  1. 

For  paying  teachers  without  certificate, 
p.  20,  sec.  26. 

For  non-attendance,  p.  89,  sec.  3. 

For  evasion  or  failure  to  comply  with  com- 
pulsory attendance  law,  p.  89,  sec.  3. 

For  giving  information  as  to  examinations, 
p.  105,  sec.  7. 

MIXED  SCHOOLS. 

Not  allowed,  p.  9,  sec.  55,  subsec.  10;  p. 
34,  sec.  52,  subsec.  5. 

NORMAL  SCHOOLS. 

Authorized,  p.  7,  sec.  55,  subsec.  1. 

Purpose  of,  p.  76,  sec.  7. 

Location,  p.  76,  sec.  7;  p.  78,  sec.  7. 

Who  may  attend,  p.  76,  sec.  7. 

Funds,  p.  76,  sec.  7. 

Admission  of  pupils,  p.  8,  sec.  55,  subsec.  6. 

State  Board  to  locate,  adopt  course  of 
study,  and  elect  teachers,  p.  7,  sec.  55, 
subsec.  2. 

County  and  City  Superintendents  to  rec- 
ommend pupils,  p.  8,  sec.  55,  subsec.  7. 

Diplomas  exempt  teachers  from  examina- 
tion, p.  8,  sec.  55,  subsec.  8. 

Reports  to  be  made  to  State  Superintend- 
ent, p.  9,  sec.  55,  subsec.  9. 

Teachers  to  keep  record,  p.  9,  sec.  55,  sub- 
sec.  9. 

White  and  colored  pupils  to  go  to  different 
schools,  p.  9,  sec.  55,  subsec.  10. 

Practice  and  observation  school,  p.  77, 
sec.  7. 

Teachers  to  assist  in  Institute  work,  p.  77, 
sec.  7. 

Pupils  must  make  pledge  to  teach,  p.  78, 
sec.  7. 

Management  of,  p.  78,  sec.  7. 

Course  of  study,  p.  84,  sec.  7. 


118 


INDEX. 


Graduates  of,  p.  78,  sec.  7. 
Donations,  p.  79,  sec.  7. 
Disbursement  of  funds,  p.  80,  sec.  7. 
Agricultural  and    Industrial,   for  negroes, 

p.  79,  sec.  7. 
Counties  and  cities  may  donate  bonds  for 

location,  pp.  66,  67,  sees.  1  to  5. 

OFFICERS. 

To  deliver  records  to  successors,   p.   23, 

sec.  24. 
Must  take  oath,  Supreme  Court  decisions, 

p.  Ill,  XII. 
Must  not  contract  or  pay  teachers  without 

license,  p.  20,  sec.  27. 
Penalties  and  forfeitures,  p.  24,  sec.  25. 
Attendance  officers  to  be  elected,  p.  91, 

sec.  7. 
Qualifications  of  attendance  officers,  p.  91, 

sec.  7. 
Duties  of  attendance  officers,  p.  91,  sec.  6; 

p.  92,  sec.  7. 

PEABODY  NORMAL  COLLEGE. 

Trustees,  p.  8,  sec.  55,  subsec.  4. 

PENALTIES  AND  FORFEITURES. 

For   paying   teachers  without  certificate, 

p.  20. 
Teachers  who  do  not  use  adopted  book, 

p.  53,  sec.  14. 
Agents  who  violate  text-book  law,  p.  53, 

sec.  15. 

Non-attendance  of  pupils,  p.  89,  sec.  3. 
For  all  school  officers,  pp.  23,  24. 
For  County   Superintendent,   p.   32,   sec. 

45g;  p.  10,  sec.  8. 
State  Superintendent,  p.  4,  sec.  5. 
County  Trustee,  p.  23,  sec.  45. 
Shall  go  to  district  where  offense  was  com- 
mitted, p.  24,  sec.  25. 
For  evasion   or   failure   to   comply   with 

Compulsory    Attendance    Law,    p.    89, 

sec.  3. 

PEOPLE. 

May  vote  on  school  tax,  p.  29,  sec.  39. 

Elect  members  County  Board  of  Educa- 
tion, p.  55,  sec.  4. 

Elect  members  of  District  Advisory  Board, 
p.  58,  sec.  13. 

PRACTICE  AND   OBSERVATION 
SCHOOL. 

State  Board  of  Education  may  contract 
for,  p.  77,  sec.  7. 

PROPERTY. 

County  Board  of  Education  to  control, 
p.  18,  sec.  10,  subsec.  9;  p.  57,  sec.  9. 

PUBLISHERS. 

Must  defray  expenses  of  manuscript,  p.  49, 
sec.  6. 

PUPILS. 

School  age,  p.  6,  sec.  7,  subsec.  13;  p.  24, 
sec.  30;  p.  88,  sec.  1. 

Compulsory  attendance,  p.  88,  sec.  1. 

Exemptions  from  attendance,  p.  88,  sec.  2. 

Provisions  for  indigent  children,  p.  89, 
sec.  2. 

May  be  admitted  to  town  schools  by  con- 
sent, p.  111.  X. 

May  be  suspended  by  county  and  district 
board,  p.  19,  sec.  14,  subsec.  5;  p.  57,  sec. 
10,  subsec.  7. 

Suspension  by  teacher,  p.  21,  sec.  4. 

Suspension  by  District  Advisory  Board, 
p.  19,  sec.  5;  p.  59,  sec.  5. 


Certificates,  p.  27,  sec.  32,  subsec.  2. 
Diplomas,  p.  27,  sec.  32,  subsec.  3. 
White  and  colored  not  to  be  taught  in  same 

school,  p.  24,  sec.  30. 
May   be   recommended   for  admission   to 

University  of  Tennessee,  p.  81,  sec.  8. 
County    Boards    to    make    provision    for 

transportation,  p.  86,  sec.  2. 

RECORDS. 

State  Superintendent  to  keep,  p.  6,  sec.  7, 

subsec.  11. 
County   Superintendent   to   keep.   p.    12, 

sec.  9,  subsec.  8. 
Secretary  County  Board  of  Education  to 

keep,  p.  16,  sec.  8,  subsec.  3. 
Teachers  to  keep  register,  p.  21,  sec.  2;   p. 

100,  sec.  2. 
County  Trustee  to  keep  separate  accounts, 

p.  29,  sec.  41. 

Normal  schools  to  keep,  p.  9,  sec.  55,  sub- 
sec.  9. 
County  Trustee  to  keep  record  of  high 

school  fund,  p.  40,  sec.  11. 
Of  children  of  school  age  to  be  made,  p.  91, 

sec.  6. 
Of  absentees  to  be  made,  p.  91,  sec.  6. 

REPORTS. 

When  made,  p.  12,  sec.  9,  subsec.  7. 
District  Advisory   Board,  p.   19,  sec.   14, 

subsec.  3. 
Secretary   of    County    Board   to    County 

Court,  p.  16,  sec.  8,  subsec.  2. 
County  Board  to  receive  monthly  report, 

p.  17,  sec.  10,  subsec.  5. 
County  Superintendent's  annual  to  State 

Superintendent,  p.  5,  sec.  7,  subsec.  8. 
County  Superintendent's  annual  to  County 

Court,  p.  12,  sec.  9,  subsec.  7. 
County  Superintendent's  annual  to  County 

Trustee,  p.  12,  sec.  9,  subsec.  5. 
County  Trustee's  report  to  County  Super- 
intendent, p.  30,  sec.  456. 
County  High  School  Board  to  report,  p. 

39,  sec.  9. 
Schools  aided  by  State  to  report,  p.  81, 

sec.  9. 
Secretary  Advisory  Board  to  report  census, 

p.  59,  sec.  14,  subsec.  4. 
State  Superintendent's  biennial  report  to 

Governor,  p.  6,  sec.  7,  subsec.  13. 
State  Superintendent's  report  of  scholastic 

population  to  Comptroller,  p.  6,  sec.  7, 

subsec.  12. 
State  Superintendent  may  appoint  person 

to  make  report,  p.  5,  sec.  7,  subsec.  9. 
State  Superintendent  may  require  report 

of  an  officer,  p.  5,  sec.  7,  subsec.  8. 

REQUIREMENTS. 

To  bid  for  text-book  contract,  p.  44,  sec.  2. 

SCHOLASTIC  POPULATION. 

Duty  of  Secretary  of  Advisory  Board,  p. 

19,  sec.  14,  subsec.  4. 
Duty  of  County  Superintendent,   p.   12, 

sec.  9,  subsec.  5. 
Duty  of  State  Superintendent,  p.  6,  sec,  7. 

subsec.  12. 
Duty  of  City  Board  of  Education,  p.  19, 

sec.  14,  subsec.  4. 

SCHOOL  AGE. 

Children  between  the  ages  of  six  and 
twenty -one,  p.  6,  sec.  7,  subsec.  13;  p. 
24,  sec.  30;  p.  88.  sec.  1. 


INDEX. 


119 


SCHOOL  DISTRICTS. 

Created  for  the  purpose  of  electing  mem- 
bers of  the  County  Board,  p.  14,  sec.  2; 
p.  56,  sec.  2. 

Adjacent  to  incorporated  towns,  p.  32, 
sec.  45g. 

May  purchase  property  inside  of  corpora- 
tions, p.  32,  sec.  45,  subsec.  g. 

Number  and  how  created,  p.  14,  sec.  2. 

SCHOOL  FUND. 

Comptroller  apportions  State  fund  annu- 
ally, p.  30,  sec.  44. 

County  to  levy  additional  school  tax,  p. 
29.  sec.  39. 

Permanent  fund  and  its  proceeds,  p.  28, 
sec.  35. 

State  school  taxes,  pp.  28,  29. 

General  school  fund,  p.  69,  sec.  1. 

To  supplement  County  Superintendent's 
salary,  p.  71,  sec.  4. 

Surplus  high  school  fund,  p.  72,  sec.  5. 

School  library  fund,  p.  74,  sec.  6. 

Circulating  library  fund,  p.  76,  sec.  6. 

Normal  school  fund,  p.  76,  sec.  7. 

Agricultural  and  Industrial  Normal,  p.  79, 
sec.  7. 

University  of  Tennessee,  p.  80,  sec.  8. 

Experiment  Station  fund,  p.  80,  sec.  8. 

Donations,  bond  issue  by  county  or  city, 
pp.  66,  67,  68,  sees.  1  to  5. 

Poll  tax,  p.  28,  sec.  36. 

People  may  vote  on  tax,  p.  29,  sec.  39. 

Distribute  to  counties  levying  certain  tax, 
p.  70,  sec.  3. 

Distribution  on  basis  of  scholastic  popu- 
lation, p.  70,  sec.  2. 

Bank  of  Tennessee  issue,  p.  29,  sec.  43. 

Unexpended  balance,  p.  29,  sec.  42. 

Penalty  of  Trustee,  p.  23,  sec.  45. 

District  Advisory  Board  to  draw  order, 
p.  59,  sec.  14,  subsec.  6. 

Secretary  County  Board  to  draw  warrant, 
p.  56,  sec.  8,  subsec.  1. 

SCHOOL  LAW. 

State  Superintendent  to  print  and  dis- 
tribute, p.  5,  sec.  7,  subsec.  6. 

SCHOOL  OFFICERS. 

Oath,  p.  Ill,  Supreme  Court  decision,  XII. 
Must  not  contract  or  pay  teachers  without 

license,  p.  20;   p.  24,  sec.  24. 
Must  deliver  records  to  successors,  p.  23, 

sec.  24. 

Penalties  and  forfeitures,  p.  24,  sec.  25. 
Attendance  Officers,  p.  91,  sec.  6;  pp.  91, 

92.  sec.  7. 

SCHOOL  PROPERTY. 

County  Board  of  Education  to  control 
property,  p.  18,  sec.  10,  subsec.  9;  p.  57, 
sec.  10,  subsec.  9. 

SCHOOLS. 

System  established,  p.  3,  sec.  1. 

How  long  to  be  kept  open,  p.  29,  sec.  39. 

Separate  for  white  and  colored,  p.  24,  sec. 

30. 

Who  may  attend  free,  p.  24,  sec.  30. 
Term  of  school,  p.  24,  sec.  30. 
Two  classes  of  schools,  p.  25,  sec.  32. 
Consolidated  schools,  p.  27,  sec.  33. 
Agricultural  schools,  p.  80,  sec.  8. 
State  Normal  Schools,  p.  7,  sec.  55,  subsec. 

1;   pp.  76,  77,  78.  79,  80,  sec.  7. 
Model  school,  p.  77,  sec.  7. 
State  negro  school,  p.  79,  sec.  7. 


Branches  of  study,  pp.  25,  26.  sec.  32,  sub- 

sees.  2  and  3. 

High  schools,  pp.  72,  73,  74,  sec.  5. 
To  be  managed  and  controlled  by  County 


Board  of  Education,  p.  54,  sec.  1. 

,  p.  26,  sec.  32, 
subsec.  6. 


,     .      ,       .    . 
Grading,  p.  26,  sec.  32,  subsec.   1  under 


Branches  of  study,  pp.  25,  26,  sec.  32,  sub- 

sees.  2  and  3. 
Certificates  and  diplomas,  p.  27,  sec.  32, 

subsecs.  2  and  3. 
Secondary  schools  to  have  more  than  one 

teacher,  p.  25.  sec.  32,  subsec.  3. 
Must  teach  effect  of  alcohol  and  tobacco, 

p.  26,  sec.  32,  subsec.  4. 
County  schools  to  run  same  length  of  time, 

p.  24,  sec.  30. 
Daily  attendance,  minimum  to  be  fixed  by 

County  Board  of  Education,  p.  24,  sec. 

30;   p.  57,  sec.  10,  subsec.  3. 
To  be  located  by  County  Board  of  Educa- 

tion, p.  57,  sec.  10,  subsec.  4. 
Truancy  Schools  may  be  established,  p.  92, 

sec.  8. 

SCHOOL  WARRANTS. 

Drawn  by  Secretary  of  County  Board,  p. 

16,  sec.  8,  subsec.  1. 
Shall  be  written  in  ink,  p.  12,  sec.  9,  sub- 

sec.  9. 
Shall    be    countersigned,    p.     12,  sec.  9, 

subsec.  9. 
Trustee's  duty  and  liability,  p.  13,  sec.  9, 

subsec.  9a. 

SECRETARY  OF  COUNTY  BOARD. 

Duties,  p.  12,  sec.  9,  subsec.  6;  p.  15,  sec.  3; 

p.  16,  sec.  8. 
Accounts  to  be  audited,  p.  17,  sec.  8,  sub- 

sec.  2. 
To  keep  record  of  meetings,  p.  17,  sec.  8, 

subsec.  3;  p.  56,  sec.  8,  subsec.  3. 
Must  give  bond,  p.  17,  sec.  9. 

STATE  BOARD  OF  EDUCATION. 
Appointment  and  term,  p.  7. 
Governor  ex  officio  member,  p.  7. 
Prescribe  rules  and  regulations  for  the  ex- 

amination of  County  Superintendents, 

p.  9,  sec.  55,  subsec.  12. 
State  Superintendent  to  be  secretary  and 

treasurer,  p.  9,  sec.  55,  subsec.  a. 
Secretary  to  disburse  high  school  fund,  p. 

73,  sec.  5. 
State  Superintendent  as  Secretary  of  State 

Board  of  Education  to  make  bond,  p.  10, 

sec.  55,  subsec.  b. 
Secretary  to  keep  record  of  normal  school 

funds,  p.  10,  sec.  55,  subsec.  a. 
To  apportion  ten  per  cent  of  general  edu- 

cation fund,  p.  70,  sec.  3. 
To  report  on  condition  of  normal  schools, 

p.  7,  subsec.  a. 
To  inspect  management  of  State  Normal 

Schools,  p.  7,  subsec.  b, 
To  locate  normal  schools,  p.  77,  sec.  7. 
To  audit  accounts  of  normal  schools,  p.  7, 

subsec.  b. 

To  make  biennial  reports,  p.  7,  subsec.  b. 
To  adopt  course  and  elect  teachers,  p.  7, 

sec.  55,  subsec.  2. 
To  receive  donations  from  trustees  of  Pea- 

body  Education  Fund  and  other  sources, 

p.  8,  sec.  55,  subsec.  4. 
May   receive    property   from   trustees   of 

other  institutions,  p.  8,  sec.  55,  subsec.  5. 
To  prescribe  how  applications  for  State 

High  School  Fund  shall  be  made,  p.  73, 

sec.  5. 


120 


INDEX. 


To   adopt   course   of  study   and   employ 

teachers  and  other  officers,  p.  7,  sec.  55, 

subsec.  2. 

To  employ  bookkeeper,  p.  78,  sec.  7. 
Adopt    regulations    for    disbursing    high 

school  fund,  p.  73,  sec.  5 
Expenses,  p.  9  sec.  55,  subsec.  11. 
Shall   prescribe   mode   of  examination   of 

high  school  teachers,  p.  73,  sec.  5. 
Shall  employ  high  school  inspector  and  fix 

salary,  p.  73,  sec.  5. 
Disbursements   made   by  treasurer   upon 

order  of  Board,  p.  9,  sec.  55,  subsec.  11. 
Shall  prescribe  minimum  course  for  high 

schools,  p.  72,  sec.  5. 
Organization,  duties  and  powers,  pp.  7,  8, 

9,  10. 
May  provide  for  practice  and  observation 

schools,  p.  77,  sec.  7. 
City    boards  and   district  directors    may 

contract  with  State  Board  for  teaching 

children  of  school  age,  p.  77,  sec.  7. 
May  require  instructors  of  normal  schools 

to   conduct   teachers'  institute,   p.   77, 

sec.  7. 
To   manage  and  control  normal  schools, 

p.  78,  sec.  7. 
To  establish  Agricultural  and   Industrial 

Normal  School  for  negroes,  p.  79,  sec.  7. 
To  grade  high  schools,  p.  72,  sec.  5. 
Report  to  legislature  through  State  Super- 
intendent and  Governor,  p.  7,  subsec.  a. 
May    grant    diplomas    to    normal    school 

graduates,  p.  8,  sec.  55,  subsec.  8. 
To  issue  approved  list  of  library  books, 

p.  75,  sec.  6. 

May  employ  a  Director  of  Library  Exten- 
sion, p.  75,  sec.  6. 

STATE  HIGH  SCHOOL  INSPECTOR. 
Selected  by  State  Board,  p.  73,  sec.  5. 
Office  in  State  Superintendent's  office,  p. 

73,  sec.  5. 
Duties  of,  p.  73,  sec.  5. 

STATE  SUPERINTENDENT. 

Qualification,  p.  3,  sec.  3. 

Appointment,  p.  3,  sec.  3. 

Term  of  office,  p.  4,  sec.  4. 

To  make  bond  for  performance  of  his  duty 
as  Secretary  of  State  Board  of  Educa- 
tion, p.  10,  sec.  55,  subsec.  b. 

Member  State  Board  of  Education,  p.  4, 
sec.  4,  subsec.  2. 

Shall  certify  to  Comptroller  salary  due 
County  Superintendents,  p.  72,  sec.  4. 

Member  of  all  State  educational  bodies, 
p.  4,  sec.  4,  subsec.  3. 

Secretary  and  Treasurer  State  Board  of 
Education,  p.  4,  sec.  4,  subsec.  4. 

How  removed  from  office,  p.  4,  sec.  5. 

Location  of  office,  p.  4,  sec.  6. 

To  collect  and  disseminate  certificates,  p. 
4,  sec.  7,  subsec.  1. 

To  inspect  the  public  schools,  p.  4,  sec.  7, 
subsec.  2. 

May  suspend  schools  for  conference,  p.  4, 
sec.  7,  subsec.  3. 

To  have  school  law  executed,  p.  5,  sec.  7, 
subsec.  4. 

Furnish  forms  for  report,  p.  5,  sec.  7,  sub- 
sec.  5. 

To  print  and  supply  school  law,  p.  5,  sec.  7, 
subsec.  6. 

May  appoint  county  examiners  of  public 
school  work,  p.  5,  sec.  7,  subsec.  7. 

Require  report  of  County  Superintendent, 
p.  5,  sec.  7,  subsec.  8. 


May  appoint  persons  to  make  report  for 
County  Superintendent  and  allow  com- 
pensation, p.  5,  sec.  7,  subsec.  9. 

Prescribe  qualification  of  teachers  and 
mode  of  examining  and  licensing,  p.  6, 
sec.  7,  subsec.  10. 

Preserve  office  documents,  p.  6,  sec.  7, 
subsec.  11. 

Report  scholastic  population  to  Comp- 
troller, p.  6,  sec.  7,  subsec.  12. 

Biennial  report  to  Governor,  p.  6,  sec.  7, 
subsec.  13. 

To  furnish  forms  and  instruction  for  carry- 
ing into  effect  the  school  law,  p.  6,  sec.  7, 
subsec.  14. 

To  keep  record  of  normal  school  funds,  p, 
10,  sec.  55,  subsec.  a. 

To  certify  vouchers  to  Comptroller,  p.  10, 
sec.  55,  subsec.  a. 

Suits  for  penalties  shall  be  in  his  name,  p. 
24,  sec.  25. 

May  appoint  attorney  to  look  after  col- 
lection of  misused  money,  p.  32,  sec.  45/. 

To  announce  text-books  to  County  Super- 
intendents, p.  54,  sec.  10. 

Duty  in  grading  schools,  p.  26,  sec.  32,  sub- 
sec.  6-1. 

Duty  in  issuing  certificates  and  diplomas 
to  pupils,  p.  27,  sec.  32,  subsec.  6-2. 

Penalties  and  forfeitures,  pp.  23,  24. 

To  issue  certificates  of  qualification  to 
teachers,  p.  6,  sec.  7,  subsec.  10a;  p.  101, 
sec.  6. 

SUPERVISORS. 

Authorized,  p.  86,  sec.  3. 
Duties,  p.  86,  sec.  3. 
Qualifications,  p.  87,  sec.  3. 
State  aid  for,  p.  70,  sec.  3. 

SUPREME  COURT. 

Decisions  in  school  cases,  pp.  109,  110,  111. 

TAXES. 

Poll  and  school,  pp.  28,  29. 

How  collected  and  distributed,  p.  29,  sec. 

40. 
Educational    institutions    exempt,    p.    63, 

sec.  1. 

County  to  levy  additional,  p.  29,  sec.  39. 
People  may  vote,  p.  29,  sec.  39. 

TAXING  DISTRICTS. 

Of  the  second  class,  p.  34,  sec.  54. 

TEACHERS. 

Must  have  certificate  of  qualification,  p.  20; 
p.  6,  sec.  7,  subsec.  10a;  p.  99,  sec.  1; 
p.  101,  sec.  6. 

Age  qualification,  p.  20;   p.  99,  sec.  1. 

Moral  qualifications,  p.  20,  sec.  1;  p.  99, 
sec.  1. 

Must  have  written  contract,  p.  21,  sec.  3; 
p.  100,  sec.  3. 

Must  have  knowledge  of  effects  of  narcotics 
and  alcoholic  drinks,  p.  26,  sec.  32,  sub- 
sec.  5. 

Must  not  be  addicted  to  narcotics  or  in- 
toxicants, p.  20.  sec.  1;  p.  99,  sec.  1. 

Shall  report  absences,  p.  91,  sec.  6. 

Must  give  written  notice  to  parent,  p.  91, 
sec.  5. 

To  keep  register,  p.  21,  sec.  2;  p.  100.  sec.  2. 

Must  deliver  register  to  County  Superin- 
tendent, p.  21,  sec.  2;  p.  100,  sec.  2. 

May  suspend  pupils,  p.  21,  sec.  4;  p.  100, 
sec.  4. 

Shall  not  be  agent,  p.  23,  sec.  23. 


INDEX. 


121 


Examinations  provided,  p.  6,  sec.  7,  sub- 
sec.  10. 

Diplomas  from  State  Normal  Schools,  p.  8, 
sec.  55,  subsec.  8. 

Employment  by  County  Board  of  Educa- 
tion, p.  56,  sec.  10,  subsec.  2. 

Payment  of  salary,  p.  57,  sec.  10,  subsec.  5. 

To  make  reports  to  County  Board  of  Edu- 
cation, p.  57,  sec.  10,  subsec.  5. 

Certificate  of  health  may  be  required  of, 
p.  21 ;  p.  100,  sec.  1. 

Supervisors  authorized,  p.  86,  sec.  3. 

Duties  of  supervisors,  p.  86,  sec.  3. 

Qualifications  of  supervisors,  p.  87,  sec.  3. 

State  aid  for  supervisors,  p.  70,  sec.  3. 

To  report  names  of  absent  children  of 
school  age  to  superintendents,  p.  91, 
sec.  6. 

Uniform  examination  and  certification  re- 
quired, pp.  99  to  107,  inclusive. 

Must  attend  county  institutes  or  summer 
normal,  p.  101,  sec.  5. 

TEXT-BOOK  BOND. 

Recoveries  on,  p.  47,  sec.  3. 

TEXT-BOOK  COMMISSION. 
Created,  p.  41,  sec.  1. 
Members,  how  appointed,  p.  41,  sec.  1. 
Term  of  office,  p.  41,  sec.  1. 
Compensation,  p.  53,  sec.  17. 
To  appoint  sub-commission,  p.  42,  sec.  1. 
Organization,  p.  44,  sec.  2. 
To   consider  bids  for   text-books,   p.   49. 

sec.  6. 

Procedure  of,  p.  45,  sec.  3. 
Requirement  of  bidders,  p.  44,  sec.  2. 
Consideration  of  bids,  p.  45,  sec.  3. 
May  consider  manuscripts,  p.  49.  sec.  6. 
To  adopt  uniform  books,  p.  41,  sec.  1. 
Certain  branches  of  study,  p.  41,  sec.  1. 
To  advertise  for  bids,  p.  44;  sec.  2. 
To  require  cash  deposit,  p.  49,  sec.  6. 
May  reject  bids  and  readvertise,   p.   49, 

sec.  6. 

Contract  with  publishers,  p.  45,  sec.  3. 
To  prevent  charging  excess,  p.  48,  sec.  5. 

TEXT-BOOK  SUB-COMMISSION. 
How  selected,  p.  41,  sec.  1. 
Must  take  oath,  p.  43,  sec.  1. 
Duties  of,  p.  42,  sec.  1. 
Compensation  of  members,  p.  53,  sec.  17. 

TEXT-BOOKS. 

To  be  sold  at  contract  price,  p.  51,  sec.  8. 
Contract  for  five  years,  p.  52,  sec.  9. 
Adopted    books   to    be    used   exclusively, 
p.  52,  sec.  11. 


When  other  books  may  be  used,  p.  53, 
sec.  12. 

Governor  to  issue  proclamation  when 
adoptions  are  made,  p.  50,  sec.  7. 

State  Superintendent  to  notify  County 
Superintendent  of  adoption,  p.  52,  sec. 
10. 

Attorney  General  to  prepare  contract,  p. 
45,  sec.  3. 

Prices  not  to  exceed  those  charged  else- 
where, p.  47,  sec.  4. 

As  to  higher  branches,  p.  52,  sec.  11. 

State  not  liable  to  contractor,  p.  48,  sec.  5. 

To  have  price  printed  on  them,  p.  47,  sec.  4. 

Must  come  up  to  sample,  p.  47,  sec.  4. 

To  be  exchanged,  p.  48,  sec.  5. 

TRANSPORTATION  OF  PUPILS. 

County  Boards  to  make  provision  for,  p. 

86,  sec.  2. 
State  aid  for,  p.  71,  sec.  3. 

TREE  PLANTING. 

Arbor  Day  appointed  by  County  Superin- 
tendent, p.  14,  sec.  11,  subsec.  2. 
Public  exercises,  p.  14,  sec.  11,  subsec.  2. 

TRUANCY  SCHOOLS. 

May  be  established,  p.  92,  sec.  8. 

TRUSTEES  OF  ACADEMIES. 

May  transfer  property  to  county  boards 

of    education    or    county    high    school 

boards,  pp.  61,  62. 
Trust  ceases  and  board  dissolves,  p.  62, 

sec.  2. 

UNIFORM    EXAMINATION  OF    TEACH- 
ERS. 

Law  governing,  pp.  99-107. 

UNIVERSITY  OF  TENNESSEE. 
Appropriation,  p.  80,  sec.  8. 
Traveling   expenses   of   students,    p.    80, 

sec.  8. 
Report   to   State   Superintendent,   p.   81, 

sec.  9. 

Courses  free,  p.  81,  sec.  8. 
Industrial  department,  p.  81,  sec.  8. 
Experiment  station,  p.  80,  sec.  8. 
Scholarships,  p.  81,  sec.  8. 

WARRANTS. 

Drawn  by  Secretary  of  County  Board,  p. 
16,  sec.  8.  subsec.  1. 

To  be  written  in  ink,  p.  12,  sec.  9,  subsec.  9. 

To  be  countersigned,  p.  12,  sec.  9,  sub- 
sec.  9. 

Trustee's  duty  and  liability,  p.  13,  sec.  9, 
subsec.  9o. 


Index 

APPENDIX 


PAGE 

Amendment  to  law  defining  qualifications  of  teachers  131) 

Amendment  to  law  denning  qualifications  of  teachers  136 

Bible  in  public  schools,  to  provide  for  reading  the.  . .  .  145 

Bonds  for  Normal  Schools,  to  authorize  issuance  of.  .  149 

Blind  children,  to  provide  for  care  and  training 141 

Eminent  Domain,  Boards  of  Education  granted 150 

Equalize  schools  in  counties  operating  under  district 

director  system 137 

Polytechnic  Institute,  to  establish 132 

Reformatory  for  Girls,  to  establish.  .....: 126 

State  Board  of  Education,  to  reorganize 147 

Women   eligible  to  membership  on   Boards  of  Edu- 
cation                                ,  125 


APPENDIX 


General  School  Laws. 

(PASSED  BY  THE  1915  SESSION  OF  THE  LEGISLATURE) 


Chapter  No.  16. 

SENATE  BILL  No.  47. 
(By  Mr.  Church.) 


AN  ACT  to  make  women  eligible  to  election  on  Boards  of 
Education  in  cities  and  counties  and  on  Governing  Boards 
of  all  State,  County  and  Municipal  Institutions. 

SECTION  1.  Be  it  enacted  ~by  the  General  Assembly 
of  the  State  of  Tennessee,  That  in  the  election  of 
members  of  Boards  of  Education  in  cities  and  coun- 
ties and  in  the  election  of  members  of  the  Governing 
Boards  of  all  State,  County  and  Municipal  institu- 
tions, women  of  the  age  of  twenty-one  and  otherwise 
possessing  the  necessary  qualifications,  shall  be  eligi- 
ble for  such  positions,  provided,  that  this  Act  shall 
not  apply  to  counties  having  a  population  between 
16525  and  16540  or  counties  of  population  of  25390  to 
25400  of  the  Federal  Census  of  1910  or  any  subse- 
quent Federal  sensus. 

SEC.  2.  Be  it  further  enacted,  That  this  Act  take 
effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 

Passed  March  4,  1915. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 

Speaker  of  the  House  of  Representatives. 
Approved  March  12,  1915. 

TOM  C.  EYE, 
Governor. 


Chapter  No.  24. 


HOUSE  BILL  No.  103. 

(By  Mr.   Straus.) 

AN  ACT  to  establish  an  Institution  to  be  known  as  the  "Ten- 
nessee Vocational  Reformatory  for  Girls;"  to  provide  the 
funds  necessary  for  the  purchase  of  a  site  therefor;  the  erec- 
tion, remodeling  and  furnishing  buildings  and  the  payment 
of  operation  expenses;  to  provide  for  the  appointment  of  a 
Board  of  Managers  for  said  institution;  to  fix  their  terms 
of  office  and  prescribe  their  powers  and  duties;  to  authorize 
Judges  of  the  Juvenile,  City,  County  and  Criminal  and  Cir- 
cuit Courts  to  commit  girls  of  certain  classes  to  said  Institu- 
tion, and  for  other  purposes. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly 
of  the  State  of  Tennessee,  That  there  shall  be  estab- 
lished as  soon  as  practicable  after  the  passage  of  this 
Act  an  Institution  to  be  known  as  the  Tennessee  Vo- 
cational Reformatory  for  Girls. 

SEC.  2.  Be  it  further  enacted,  That  for  the  pur- 
pose of  procuring;  needs  for  the  site  of  said  Institu- 
tion, improving  the  same,  erecting  buildings,  pur- 
chasing furniture  and  other  articles  required,  paying 
an  architect  and  superintendent,  and  for  meeting  the 
current  expenses  for  two  years,  there  is  hereby  ap- 
propriated out  of  any  money  in  the  State  Treasury, 
not  otherwise  appropriated,  the  sum  of  $35,000  and 
that  there  shall  be  appropriated  annually  thereafter  for 
the  maintenance  of  said  Institution  One  Hundred  and 
twenty-five  Dollars  per  annum  for  each  inmate. 

SEC.  3.  Be  it  further  enacted,  That  upon  passage  and 
Board  of  Mana-  taking  effect  of  thig  Act>  the  Governor  shall  appoint  a 

Board  consisting  of  five  members,  not  less  than  two  of 
whom  shall  be  women,  who  shall  be  known  as  the  "Board 
of  Managers  for  the  Tennessee  Vocational  Reformatory 
for  Girls,"  provided  that  the  board  created  under  this 
Act  shall  be  under  the  supervision  and  control  of  the 
Board  of  Control,  and  shall  fix  a  time  and  place  for  their 


APPENDIX  127 

first  meeting  not  to  exceed  thirty  days  from  the  date  of 
their  appointment.  The  Governor  shall  have  power  to 
fill  all  vacancies  in  said  Boards  of  Managers  which  may 
occur  by  any  cause  whatsoever.  The  members  of  the 
Board  of  Managers  shall  receive  no  compensation  for 
their  services.  Their  actual  and  necessary  expenses  while 
in  discharge  of  their  official  duties  connected  with  the 
Institution  shall  be  paid  out  of  the  general  appropria- 
tion for  said  Institution.  Said  Board  of  Managers  shall  organization  o 
meet  at  the  time  and  place  designated  by  the  Governor.  Board> 
They  shall  then  organize  by  electing  one  of  their  mem- 
bers chairman  of  said  Board  of  Managers  and  another 
secretary  and  treasurer  of  said  Board.  When  they  deem 
it  advisable  the  Board  shall  appoint  a  superintendent  of 
said  industrial  home  at  a  salary  of  not  more  than  twelve 
hui id  red  dollars  per  annum,  said  superintendent  to  hold 
office  for  one  year  unless  removed  by  said  Board.  Her 
duties  shall  be  prescribed  by  the  Board.  The  Board  shall 
appoint  such  other  employes  as  may  be  necessary  to  carry 
on  the  work  of  the  Institution,  and  prescribe  their  duties. 
SEC.  4.  Be  it  further  enacted,  That  the  Board  of  Man- 
agers, after  organized,  shall  select  a  proper  location  for 
the  Tennessee  Vocational  Reformatory  for  Girls.  They 
shall  give  first  consideration  to  the  town,  City  or  County 
inviting  the  location  of  said  home  by  offering  to  give  the 
site,  buildings,  or  other  valuable  considerations,  the 
Board,  however,  being  authorized  to  reject  all  or  any  of 
the  proposals  made,  the  intent  of  the  Act  being  to  give 
the  Board  authority  to  acquire  the  site  best  suited  to  the 
needs  of  the  Institution.  When  the  Board  shall  have  se- 
lected a  site  for  the  Tennessee  Vocational  Reformatory 
for  Girls,  the  Board  shall  make  to  the  Governor  a  report 
specifying  the  number  of  acres  in  the  land  selected  and 
describing  it  by  metes  and  bounds  and  setting  forth  the 
amount  in  money  to  be  paid  either  in  whole  or  in  part 
consideration  therefor,  by  the  State  of  Tennessee.  The 
report  to  contain  an  abstract  of  titles  approved  by  the 


128 


APPENDIX 


Site  —  how    paid 
for. 


Buildings. 


Board  meeting. 


Rules  for 
ment. 


Attorney  General  of  the  State  showing  the  title  to  the 
land  to  be  good  in  the  person  or  persons  offering  the  land. 

Thereupon,  the  Comptroller  shall  issue  his  warrant 
for  the  sum  to  be  drawn  on  the  State  Treasury  in  favor 
of  said  managers  who  shall  apply  the  sum  of  money  so 
received  to  the  payment  of  the  purchase  price  for  the 
land  selected,  taking  from  the  person  or  persons  from 
whom  it  is  purchased  a  warranty  deed  therefor  to  the 
State  of  Tennessee. 

SEC.  5.  Be  it  further  enacted,  That  after  a  site  has 
been  secured  for  the  Tennessee  Vocational  Reformatory 
for  Girls,  the  Board  of  Managers  shall  be  authorized  to 
have  plans  prepared  and  erect  thereon  buildings,  pro- 
viding that  the  cost  of  same,  including  furniture  and 
equipment  shall  not  exceed  thirty  thousand  dollars.  If 
any  town,  city,  County  or  person  shall  have  donated  site 
with  buildings  thereon  the  managers  shall  have  authority 
to  spend  so  much  of  said  thirty  thousand  dollars  as  may 
be  necessary  to  arrange  buildings  and  site  to  be  used  for 
the  purpose  of  this  Act. 

SEC.  6.  Be  it  further  enacted,  That  when  the  Tennes- 
see Vocational  Eeformatory  for  Girls  is  ready  to  receive 
inmates,  the  Board  of  Managers  shall  give  notice  that 
said  Institution  is  ready  to  receive  inmates,  and  there- 
after the  members  of  said  Board  shall  meet  at  the  Insti- 
tution every  three  months  for  the  purpose  of  attending 
to  such  matters  as  may  come  before  them  in  the  manage- 
ment of  said  Institution.  Special  meetings  may  be  called 
by  the  Chairman.  Absence  from  three  consecutive  meet- 
ings, whether  regular  or  called,  unless  excused  by  a  ma- 
jority of  the  Board,  shall  be  treated  by  the  Governor  as 
a  resignation  from  office. 

SEC.  7.  Be  further  enacted,  That  the  Board  of  Man- 
agers shall  prepare  and  adopt  a  system  of  Government 
for  the  Tennessee  Vocational  Eeformatory  for  Girls,  em- 
bracing all  such  rules  and  regulations  as  may  be  deemed 
necessary  for  preserving  order  and  enforcing  discipline, 
for  imparting  instruction  for  preserving  health,  and  for 


APPENDIX  129 

the  proper  intellectual  and  moral  training  of  the  inmates, 
providing  that  said  home  shall  be  conducted  on  the  cot- 
tage plan,  in  which  there  must  be  a  thorough  domestic 
training  and  education  in  every  branch  of  household  work. 

SEC.  8.  Be  it  further  enacted,  That  the  Judges  of 
Juvenile  Courts,  the  Judges  of  County,  City,  or  Criminal 
or  Circuits  Courts,  in  their  discretion,  may  hear  and 
determine  such  cases,  either  when  presiding  at  the  regular 
session  of  the  Courts  or  when  sitting  in  chambers  without 
a  trial  by  Jury,  providing  that  any  girl  brought  before 
the  Court  shall  have  the  right  to  demand  a  trial  by  Jury, 
which  shall  thereupon  be  granted. 

Said  Judges  may  commit  to  the  Tennessee  Vocational  Commitments. 
Reformatory  for  Girls,  any  girl  under  eighteen  years  of 
age  who  had  violated  any  municipal  ordinance  or  com- 
mitted any  offence  against  the  laws  of  this  State,  not 
punishable  by  death  or  imprisonment  for  life,  or  hab- 
itually associates  with  vicious  or  immoral  persons,  or 
who  is  incorrigible  to  such  an  extent  that  she  cannot  be 
controlled  by  her  parent  or  guardian,  there  to  be  held 
until  she  reaches  the  age  of  twenty-one,  unless  the  girl 
is  of  the  class  defined  in  Section  Nine  of  this  Act,  or  un- 
less she  be  released  therefrom  as  hereinafter  provided  in 
Section  10. 

Fees  that  are  now  allowed  by  laws  for  carrying  prison-  Fees  for  carrying 
ers  to  the  penitentiary  shall  be  allowed  to  the  Sheriffs 
of  the  several  Counties  of  this  State  for  the  service  of 
taking  such  girls  as  may  be  sent  to  the  said  Reformatory. 

SEC.  0.  Be  it  farther  enacted,  That  no  court  or  Judge 
shall  sentence  any  girl  to  said  Institution  who  is  insane, 
or  idiotic,  or  afflicted  with  an  incurable  disease,  or  who  is 
so  incorrigible  that  in  the  opinion  of  the  officer  sentencing 
her  there  is  not  a  fair  probability  of  her  reformation.  Those  excluded. 
Further,  the  officer  in  charge  of  the  Institution  by  and 
with  the  consent  of  the  chairman  of  the  Board  of  Mana- 
gers shall  be  authorized  and  empowered  to  return  whence 
she  came,  any  girl  who  shall  be  found  to  be  incorrigible 
or  an  improper  subject  for  admission,  and  thereupon  the 

—5 


130 


APPENDIX 


Parole. 


Judge  or  the  Court  by  whom  said  girl  was  committed 
shall  have  the  power  to  pass  such  sentence  as  would  have 
been  legal  in  the  first  instance,  if  said  girl  had  not  been 
sent  to  said  Keformatory. 

SEC.  10.  Be  it  further  enacted,  That  the  Board  of  Man- 
agers may,  however,  whenever  they  deem  any  of  the  in- 
mates of  the  Tennessee  Vocational  Reformatory  for  Girls, 
to  have  so  far  improved  as  to  justify  her  discharge,  liber- 
ate such  inmate  on  parole,  or  release  her  to  any  suitable 
person  who  will  be  bound  in  a  suitable  written  instru- 
ment to  train  said  girl  and  instruct  her  in  household 
work,  or  in  some  proper  art  or  trade,  or  said  board  may 
return  said  girl  to  her  parents  or  guardian  on  such  con- 
ditions and  on  such  terms  as  the  Board  may  prescribe. 

SEC.  11.  Be  it  further  enacted,  That  the  Board  of  Man- 
agers shall  keep  or  cause  to  be  kept  regular  accounts 
and  the  Board  shall  make,  on  or  before  the  first  day  of 
January  hereafter,  a  printed  report  to  the  Governor,  giv- 
ing in  detail  all  receipts  and  disbursements  of  moneys  by 
the  Board.  The  Board  shall  further  provide  a  book  or 
card  record  system  in  which  shall  be  registered  the  names, 
ages,  religion  and  such  other  facts  as  may  seem  valuable 
concerning  the  girl  received  in  said  home.  The  date  of 
Description  of  in-  receiving  and  leaving,  the  names  of  the  County  whence 
kept8"1  she  came,  the  names  of  her  parents,  and  whether  such  girl 

on  leaving  the  Institution  was  placed  in  her  own  or  others 
family,  and  the  name,  residence  and  occupation  of  the 
head  of  such  family.  In  the  annual  report  to  the  Gov- 
ernor the  Board,  without  using  names,  shall  give  such 
statistical  information  of  cases  as  they  seem  valuable. 
Said  report  shall  also  include  recommendations  of  the 
Board  of  Managers  as  said  Board  may  deem  necessary 
for  the  future  welfare  of  the  Institution. 

SEC.  12.    Be  it  further  enacted,  That  all  laws  and  parts 
of  laws  in  conflict  with  this  Act 'be  and  are  hereby  re- 


Annual  report. 


APPENDIX  131 

pealed;  and  that  this  Act  take  effect  from  and  after  its 
passage,  the  public  welfare  requiring  it. 
Passed  March  11,  1915. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 
Approved— Mch  17,  1915. 

TOM  C.  KYE, 
Governor. 


Chapter  No.  35. 

SENATE  BILL  No.  586. 

(By  Messrs.  J.  L.  Ewell,  Jno.  J.  Gore,  C.  P.  Freedle  &  T.  E. 

Wilson.) 


AN  ACT  to  amend  Chapter  264  of  the  printed  Acts  of  the 
General  Assembly  of  1909,  being  entitled,  "An  Act  to  Provide 
for  the  Improvement  of  the  System  of  Public  Education  of 
the  State  of  Tennessee,  etc.,"  and  commonly  known  as  the 
General  Education  Bill,"  by  providing  for  the  establish- 
ment and  maintenance  of  a  school  of  technology  in  Tennes- 
see, to  be  known  as  the  Tennessee  Polytechnic  Institute. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  Section  5  of  Chapter  264  of 
the  printed  Acts  of  the  General  Assembly  of  1009  known 
as  the  "General  Educational  Bill,"  be,  and  the  same  is 
hereby  amended  so  that  the  first  paragraph  of  said  sec- 
tion shall  be  in  the  following  language: 

That  six  per  cent  of  the  general  education  fund  pro- 
vided by  this  Act  shall  be  used  as  a  high  school  fund  to 
encourage  arid  assist  the  counties  of  the  State  to  estab- 
lish and  maintain  public  county  high  schools  as  herein- 
after provided,  and  that  two  per  cent  of  the  general  edu- 
cation fund  provided  by  this  act  shall  be  used  as  a  fund 
for  the  establishment,  support  and  maintenance  of  a  state 
school  of  technology  to  be  known  as  Tennessee  Polytechnic 
Institute  as  provided  in  this  Act. 

SEC.  2.  Be  it  further  enacted,  That  said  Tennessee 
Polytechnic  Institute  shall  be  located  at  Cookeville,  Put- 
nam County,  Tennessee,  provided  the  town  of  Cookeville 
and  Putnam  County  contribute  and  donate  $75,000  in 
cash,  or  its  equivalent,  to  be  used  by  the  Board  of  Edu- 
cation in  providing  land  and  buildings  for  said  institute ; 
provided,  however,  that  said  Board  of  Education  is  not 
to  establish  said  institute  until  all  of  said  $75,000  is  paid 
as  herein  provided. 

SEC.  3.     Be  it  further  enacted,  That  said  Board  of  Edu- 


APPENDIX  133 

cation  may  receive  contributions  of  money  or  donations 

of  property  or  funds  from  any  source  for  the  benefit  of  Contributions. 

this  enterprise,  which  they  shall  in  good  faith  dispose 

of  and  disburse  in  accordance  with  the  conditions  of  the 

donations. 

SEC.  4.  Be  it  further  enacted,  That  the  trustees  of 
colleges,  universities  or  educational  institutions  shall 
have  the  power  to  give  the  use  of  their  property  to  the 
State  Board  of  Education  for  the  benefit  of  said  school 
of  technology. 

SEC.  5.  Be  it  further  enacted.  That  in  addition  to  any 
accepted  donations  of  land,  buildings,  or  money,  the  in- 
come from  the  fund  provided  for  in  this  Act  for  the  year 
1915,  or  any  part  thereof,  may  be  used  by  the  State  Board 
of  Education  for  buildings  and  equipment  for  said  schools. 

SEC.  6.  Be  it  further  enacted,  That  the  State  Board 
of  Education  shall  have  the  power  and  authority  to  pur-  Fubnudi£g8siteand 
chase  land,  erect  buildings  and  equip  the  same,  on  such 
terms  as  may  be  considered  advisable  and  advantageous 
by  said  Board  of  Education,  and  to  pay  for  the  same  out 
of  funds  appropriated  or  donated  for  said  Tennessee 
Polytechnic  Institute. 

SEC.  7.  Be  it  further  enacted,  That  said  Tennessee 
Polytechnic  Institute  shall  be  made  in  every  respect  a 
first-class  institution  for  the  technical  education  of  white 
pupils  between  the  ages  of  fifteen  and  thirty-five  years  and 
the  most  approved  method  of  instruction  shall  be  adopted, 
and  none  but  teachers  experienced  and  skilled  shall  be 
employed. 

SEC.  8.  Be  it  further  enacted,  That  the  Tennessee 
Polytechnic  Institute  established  under  the  provisions 
of  this  Act  may  have  with  it  one  or  more  practice  or 
observation  schools  in  which  shall  be  taught  all  subjects 
prescribed  for  the  county  high  schools  of  the  State,  pro- 
vided  the  County  boards  of  education  of  any  County,  or 
the  board  of  education  of  any  city  or  town,  may  make  such 
a  contract  with  the  State  Board  of  Education,  as  to 
said  State  Board  of  Education  may  seem  proper  and  right 


134  APPENDIX 

to  provide  for  the  teaching  of  the  children  of  public  school 
age  in  such  practice  or  observation  school,  and  to  pay  to 
the  said  Tennessee  Polytechnic  Institute  all  or  such  por- 
tion of  the  public  school  fund  belonging  to  such  county 
or  city  or  town  as  may  be  agreed  upon  by  said  boards  of 
education. 

SEC.  9.  Be  further  enacted,  That  the  State  Board  of 
Education  shall  have  the  power  to  admit  as  pupils  in 
mifted— Low* "  said  school  nonresidents  of  the  State  of  Tennessee,  upon 
the  payment  of  such  reasonabl  rates  of  tuition,  and  under 
such  regulations,  as  said  Board  may  prescribe.  All  resi- 
dents of  Tennessee  otherwise  qualified  shall  be  entitled 
to  attend  said  school  free. 

SEC.  10.  Be  it  further  enacted,  That  all  branches  of 
study  that  are  required  to  be  taught  in  the  state  normals, 
and  the  various  industrial  arts  that  are  usually  taught 
in  institutions  of  this  character,  shall  be  taught  in  this 
school. 

SEC.  11.  Be  it  further  enacted,  That  persons  now  en- 
gaged in  teaching  public  schools  in  Tennessee,  or  who  may 
hereafter  be  engaged  in  such  public  school  work,  may 
enter  said  Polytechnic  Institute  as  pupils,  upon  condi- 
Tttepup^rSy  tions  fixed  by  the  State  Board  of  Education;  and  that 
be  admitted.  pUpiis  of  public  schools  may  be  recommended  for  admis- 
sion into  said  school  by  the  County  Superintendent  on 
consultation  with  directors  of  the  school  districts  of  the 
county,  and  in  cities  by  the  Superintendent  of  public 
schools,  and  such  pupils  so  recommended,  and  who  pass 
a  satisfactory  examination  shall  have  precedence  over  all 
other  applicants. 

SEC.  12.  Be  it  further  enacted,  That  diplomas  shall  be 
granted  to  those  who  honorably  complete  the  course  of 
study  prescribed  in  said  schools,  and  possession  of  said 
diplomas  shall  exempt  the  holder  thereof  from  an  exam- 
ination prescribed  as  a  condition  precedent  to  employ- 
ment in  the  public  schools  of  the  state,  any  such  graduate 
being  eligible  as  a  teacher  in  any  county  of  the  State  re- 
quiring such  teachers  as  said  school  of  technology  trains. 


APPENDIX  135 

SEC.  13.  Be  it  further  enacted,  That  it  shall  be  the 
duty  of  the  Governor  of  the  State  to  call  a  meeting  of 
the  State  Board  of  Education  within  sixty  days  after 
the  passage  of  this  act  for  the  purpose  of  taking  such 
steps  as  may  be  necessary  to  carry  out  the  provisions 
hereof  looking  to  the  establishment  of  said  school  of  tech- 
nology, and  to  the  opening  of  the  same  at  the  earliest 
date  practicable,  which  shall  be  not  later  than  the  first 
Monday  in  September,  1916. 

All  disbursements  of  money  under  the  provisions  of 
this  act  shall  be  made  on  the  certificate  of  the  President 
and  Secretary  of  the  State  Board  of  Education  by  the 
Comptroller  of  the  Treasury,  in  the  manner  prescribed 
by  law  for  the  disbursements  of  money  to  charitable  in- 
stitutions. 

SEC.  14.  Be  it  further  enacted,  That  this  act  take  effect 
from  and  after  its  passage,  the  public  welfare  requiring 
it. 

Passed  3-25-15. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 

Speaker  of  the  House  of  Representatives. 
Approved  March  27th,  1915. 

TOM  C.  EYE, 
Governor. 


Chapter  No.  68. 

SENATE  BILL  No.  363. 
(By  Mr.  Worley.) 


AN  ACT  to  Amend  an  Act  entitled  "An  Act  to  define  the  quali- 
fications and  duties  of  public  school  teachers;  to  provide  a 
uniform  method  for  the  examination  and  certification  of 
teachers;  to  provide  for  the  issuance  of  teacher's  certifi- 
cates of  different  grades  and  for  the  revocation  of  certifi- 
cates; and  to  fix  penalties  for  the  violation  of  the  provisions 
of  the  Act,"  the  Act  hereby  amended  being  Chapter  40  of 
the  printed  Acts  of  1913,  page  102,  so  as  to  change  the  figures 
at  the  beginning  of  the  fifth  line  of  Section  8  thereof  from 
7,500  to  7,000. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,,  That  an  Act  entitled  "An  Act  to 
define  the  qualifications  and  duties  of  public  school  teach- 
ers; to  provide  a  uniform  method  for  the  examination 
and  certification  of  teachers;  to  provide  for  the  issuance 
of  teacher's  certificates  of  different  grades  and  for  the 
revocation  of  certificates ;  and  to  fix  penalties  for  the  viola- 
tion of  the  provisions  of  the  Act,'7  being  Chapter  40 
of  the  printed  Acts  of  1913,  page  102,  be,  and  the  same  is 
hereby,  amended  so  as  to  change  the  figures  at  the  be- 
ginning of  the  fifth  line  of  Section  8  thereof  from  7,500 
to  7,000. 

SECTION  4.  Be  it  further  enacted,  That  this  Act  shall 
take  effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 

Passed  4-1-15. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 

Speaker  of  the  House  of  Representatives. 
Approved  April  3d,  1915. 

TOM  C.  KYE, 
Governor. 


Chapter  No.  78. 

BOUSE  BILL  No.  188. 
(By  Mr.  Anderton  by  request.) 


AN  ACT  to  more  nearly  equalize  the  Common  schools  in  the 
various  districts  of  the  several  Counties  of  the  State  of 
Tennessee,  the  conditions  of  equalization  and  the  officers 
having  supervision  of  said  equalization. 

SECTION  1.  Be  it  enacted  by  the  General  Assembly  of 
the  State  of  Tennessee,  That  a  sufficient  fund  shall  be,  and 
is  hereby  set  aside  by  this  Act  out  of  the  general  school 
fund  of  each  county  operating  under  the  old  Director 
System,  as  a  special  fund  to  be  used  and  expended  for  the 
purpose  of  more  nearly  equalizing  the  common  schools 
in  the  various  districts  of  the  several  Counties  in  the 
State  of  Tennessee. 

Provided,  That  no  district  shall  be  eligible  to  receive 
any  portion  of  this  fund  if  the  revenue  apportioned  to 
said  district  according  to  the  general  school  law  applying 
to  those  Counties  which  are  under  the  old  Director  Sys- 
tem is  sufficient  to  maintain  an  average  term  of  five 
months,  none  of  said  revenue  being  used  for  permanent 
improvements,  but  a  small  part  of  it  may  be  used  to  pur- 
chase furniture,  this  being  done  at  the  discretion  of  the 
County  Superintendents  of  said  Counties;  provided 
further  that  any  district  whose  school  fund  apportioned  to 
it  according  to  the  general  school  law  applying  to  those 
counties  operating  under  the  old  Director  System  shall 
not  be  sufficient  to  maintain  an  average  term  of  five 
months  in  any  year  shall  have  apportioned  to  it  a  suffi- 
cient amount  of  said  special  fund  set  aside  by  this  Act 
to  maintain  its  schools  for  an  average  term  of  five  months. 

SECTION  2.  Be  it  further  enacted,  That  the  salaries 
paid  the  principals  in  any  district  participating  in  this 
fund  shall  not  be  greater  than  the  average  salary  paid  the 
principals  in  like  schools  in  the  County  where  said  dis- 


138  APPENDIX 

trict  is  located;  that  the  salaries  paid  the  assistants  in 
said  district  shall  not  be  greater  than  the  average  salary 
paid  the  assistants  in  like  schools  of  said  County ;  and  that 
the  incidental  expenses  shall  not  be  greater  than  the 
average  incidental  expenses  of  the  various  districts  of 
said  County. 

SECTION  3.  Be  it  further  enacted,  That  the  trustees 
of  the  several  Counties  of  the  State  shall,  upon  the  re- 
port and  recommendation  of  the  County  superintendent 
of  the  said  Counties,  apportion  the  special  fund  set  aside 
by  this  Act  to  the  districts  eligible  to  participate  in 
said  fund;  provided  further  that  said  special  fund  shall 
not  amount  to  over  twelve  hundred  dollars  ($1200)  in 
any  year. 

SECTION  4.  Be  it  further  enacted,  That  this  Act  shall 
apply  to  all  Counties  whose  population  is  between  20,490 
and  20,492. 

SECTION  5.  Be  it  further  enacted,  That  all  laws  and 
parts  of  laws  in  conflict  with  the  provisions  of  this  Act 
be,  and  the  same  are  hereby  repealed,  and  that  this  Act 
take  effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 

Passed  April  3,  1915. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 
Approved  May  5th,  1915. 

TOM  C.  KYE, 
Governor. 


Chapter  No.  79. 

HOUSE  BILL  No.  495. 
(By  Mr.  D.  A.  Greene.) 


AN  ACT  entitled  An  Act  to  Amend  Section  8  of  An  Act  entitled 
"An  Act  to  define  the  qualifications  and  duties  of  public 
school  teachers;  To  provide  a  Uniform  Method  for  the  ex- 
amination and  Certification  of  teachers;  To  provide  for  the 
issuance  of  teachers  Certificates  of  different  grades,  and  for 
the  revocation  of  certificates;  and  to  fix  penalties  for  the 
violation  of  the  provisions  of  this  Act,"  the  same  being 
Chapter  40  of  the  published  Acts  of  the  General  Assembly 
of  the  State  of  Tennessee  for  the  year  1913,  by  providing, 
in  addition  to  the  Cities  and  towns  of  a  certain  population 
mentioned  in  Section  8  of  said  Act,  that  the  provisions  of 
said  Act  shall  also  not  apply  to  teachers  employed  by  boards 
of  education  in  cities  in  this  State  having  a  population  of 
not  less  than  3,980  and  not  more  than  4,047,  under  and  by 
the  Federal  Census  of  1910  or  any  subsequent  Federal 
Census. 

SECTION  1.  Be  it  enacted  ~by  the  General  Assembly  of 
the  State  of  Tennessee,  That  Section  8  of  an  Act  entitled 
"An  Act  to  define  the  qualifications  and  duties  of  public 
school  teachers;  to  provide  a  uniform  method  for  the 
examination  and  certification  of  teachers;  to  provide  for 
the  issuance  of  teacher's  certificates  of  different  grades, 
and  for  the  revocation  of  certificates;  and  to  fix  the  pen- 
alties for  the  violation  of  the  provisions  of  this  Act,"  the 
same  being  Chapter  40  of  the  public  Acts  of  the  General 
Assembly  of  the  State  of  Tennessee  for  the  year  1913, 
passed  April  9,  1913  and  approved  April  14,  1913,  be  so 
amended  as  that  said  section  shall  read  as  follows: 

Be  it  further  enacted,  That  the  provisions  of  this  Act 
shall  apply  to  all  public  school  teachers  in  the  State 
except  those  employed  by  Boards  of  Education  in  Cities 
having  a  population  of  more  than  9,500  by  the  Federal 
Census,  of  1910,  or  any  subsequent  Federal  Census,  and 
except  those  employed  by  Boards  of  Education,  in  Cities 
having  a  population  of  not  less  than  3980  and  not  more 


140  APPENDIX 

than  4047  under  and  by  the  Federal  Census  of  1910  or 
any  subsequent  Federal  Census. 

SECTION  2.  Be  it  further  enacted,  That  this  Act  take 
effect  from  and  after  its  passage,  the  public  welfare  re- 
quiring it. 

Passed  April  1st,  1915. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 
Approved  May  5th,  1915. 

TOM  C.  RYE, 
Governor. 


Chapter  No.  82. 

SENATE  BILL  No.  848. 
(By   Mr.   Gardner.) 


AN  ACT  to  provide  for  the  care,  maintainance,  and  education 
of  blind  children  of  school  age,  who  are  not  eligible  to  the 
State  School  for  the  blind  for  lack  of  training,  where  the 
parents  of  such  child  have  not  sufficient  means  to  properly 
care  for  such  child. 

SECTION  1.  Be  it  enacted  &//  the  General  Assembly  of 
the  State  of  Tennessee,  That  the  State  Board  of  Education 
shall  have  the  power  to  provide  for  the  suitable  care,  main- 
tainance and  instruction  of  blind  children  of  school  age,* 
who  are  not  eligible  to  the  Tennessee  School  for  the  Blind 
for  lack  of  training,  and  who  need  special  kindergarten 
training  to  prepare  them  for  admission  in  said  School 
for  the  blind,  residing  in  this  State,  who  may  be  born 
blind  or  become  blind,  in  any  case  where  by  reason  of 
lack  of  means  the  parent  or  parents  of  such  children  are 
unable  to  properly  care  for,  maintain  and  educate  such 
children. 

SECTION  2.  Be  it  further  enacted,  That  for  the  pur- 
pose of  providing  such  care,  maintainance  and  education, 
the  said  Board  -of  Education  shall  have  .power  to  con- 
tract with  any  institution  having  or  furnishing  facilities 
for  such  care,  maintainance  and  education  in  this  or 
any  other  State  at  a  contract  price  to  be  agreed  upon, 
not  exceeding  one  ($1.00)  dollar  per  day;  providing  that 
such  contract  shall  continue  in  force  and  the  care,  main- 
tainance and  education  provided  therein  shall  continue 
until  such  child  attains  the  age  of  12  years,  or  becomes 
eligible  for  the  State  School  for  the  blind,  or  until  in 
the  judgment  of  said  Board  the  said  child  will  not  be 
able  to  qualify  for  said  State  School;  providing,  that 
said  State  Board  mav  in  its  discretion  continue  such 


142  APPENDIX 

contract  in  force  until   such   child   attains  the  age  of 
sixteen  years. 

SECTION  3.  Be  it  further  enacted,  That  there  shall  not 
be  used  in  any  one  year  for  the  enforcement  of  this  Act 
more  than  two  thousand  five  hundred  dollars,  and  that 
the  same  shall  be  paid  by  the  Comptroller  of  the  Treas- 
ury of  the  State  of  Tennessee  upon  the  order  of  the  State 
Board  of  Education,  through  its  President  and  Secretary, 
and  that  said  money  shall  be  paid  out  of  the  General 
School  Fund  of  the  State. 

SECTION  4.  Be  it  further  enacted,  That  nothing  in 
this  Act  contained  shall  be  deemed  to  repeal  or  in  any 
way  modify  any  existing  law  with  reference  to  the  edu- 
cation of  the  deaf,  dumb  and  blind. 

SECTION  5.    Be  it  further  enacted,  That  this  Act  take 
effect  from  and  after  its  passage,  the  public  welfare  re- 
quiring it. 
Passed  4-3-15. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 

Speaker  of  the  House  of  Representatives. 
Approved  May  5th,  1915. 

TOM  C.  RYE. 
Governor. 


Chapter  No.  93, 

HOUSE  BILL  No.   1346. 
(By  Mr.  Johnson.) 


AN  ACT  to  more  nearly  equalize  the  common  schools  in  the 
various  districts  of  the  several  counties  of  the  State  of 
Tennessee,  the  conditions  of  equalization  and  the  officers 
having  supervision  of  said  equalization. 

SECTION  1.  Be  it  enacted  ~by  the  General  Assembly  of 
the  State  of  Tennessee,  That  a  sufficient  fund  shall  be, 
and  is  hereby  set  aside  by  this  Act  out  of  the  general 
school  fund  of  each  county  operating  under  the  Old 
Director  System,  as  a  special  fund  to  be  used  and  ex- 
pnded  for  the  purpose  of  more  nearly  equalizing  the 
common  schools  in  the  various  districts  of  the  several 
counties  of  the  State  of  Tennessee. 

Provided,  That  no  district  shall  be  eligible  to  receive 
any  portion  of  this  fund  if  the  revenue  apportioned  to 
said  district  according  to  the  general  school  law  apply- 
ing to  those  counties  which  are  under  the  Old  Director 
System  is  sufficient  to  maintain  an  average  term  of  five 
months,  none  of  said  revenue  being  used  for  permanent 
improvements,  but  a  'small  portion  of  it  may  be  used  to 
purchase  furniture,  this  being  done  at  the  discretion  of 
the  County  Superintendents  of  said  counties;  provided 
further,  that  any  district  whose  school  fund  apportioned 
to  it  according  to  the  general  school  law  applying  to 
those  counties  operating  under  the  Old  Director  System 
shall  not  be  sufficient  to  maintain  an  average  term  of 
five  months  in  any  year  shall  have  apportioned  to  it  a 
sufficient  amount  of  said  special  fund  set  aside  by  this 
Act  to  maintain  its  schools  for  an  average  term  of  five 
months. 

SECTION  2.  Be  it  further  enacted,  That  the  salaries 
paid  the  principals  in  any  district  participating  in  this 
fund  shall  not  be  greater  than  the  average  salary  paid 


144  APPENDIX 

the  principals  in  like  schools  in  the  county  where  said 
district  is  located;  that  the  salaries  paid  the  assistants 
in  said  district  shall  not  be  greater  than  the  average  sal- 
ary paid  assistants  in  like  schools  of  said  county;  and 
that  the  incidental  expenses  shall  not  be  greater  than 
the  average  incidental  expenses  of  the  various  districts 
of  said  county. 

SECTION  3.  Be  it  further  enacted,  That  the  trustees 
of  the  several  counties  of  the  State  shall  upon  the  re- 
port and  recommendation  of  the  County  Superintendent 
of  the  said  counties  apportion  the  special  fund  set  aside 
by  this  Act  to  the  districts  eligible  to  participate  in 
said  fund,  provided  further,  that  said  special  fund  shall 
not  amount  to  over  eighteen  hundred  dollars  (f  1.800. 00) 
in  any  year. 

SECTION  4.  Be  it  further  enacted,  That  this  Act  shall 
apply  to  all  counties  whose  population  is  between  16,530 
and  16,540  according  to  the  Federal  Census  of  1910. 

SECTION  5.  Be  it  further  enacted,  That  all  laws  and 
parts  of  laws  in  conflict  with  the  provisions  of  this  Act 
be,  and  the  same  are  hereby  repealed,  and  that  this  Act 
take  effect  from  and  after  its  passage,  the  public  welfare 
requiring  it. 

Passed  May  7,  1915. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

Approved  :— May  llth,  1915. 

TOM  C.  EYE, 
Governor. 


Chapter  No.  102. 

HOUSE  BILL  No.  379. 
(By  Mr.  Claiborne,  by  request.) 


AN  ACT  regulating  the  reading  of  the  Holy  Bible  in  the  Public 
Schools  of  Tennessee. 

WHEREAS  the  rules  and  regulations  governing  the 
reading  of  the  Holy  Bible  in  the  public  schools  of  this 
commonwealth  are  not  uniform;  and 

WHEREAS  it  is  in  the  interest  of  good  moral  training, 
of  a  life  of  honorable  thought  and  of  good  citizenship, 
that  the  public  school  children  should  have  lessons  of 
morality  brought  to  their  attention  during  their  school 
days;  therefore,  be  it  enacted, 

SECTION  1.  That  at  least  ten  verses  from  the  Holy 
Bible  shall  be  read  or  caused  to  be  read,  without  com- 
ment, at  the  opening  of  each  and%every  public  school 
upon  each  and  every  school  day,  by  the  teacher  in  charge; 
Provided  the  teacher  does  not  read  the  same  chapter 
more  than  twice  during  the  same  session.  Provided  that 
where  any  teacher  has  other  teachers  under  and  subject 
to  direction,  then  the  teacher  exercising  this  authority 
shall  read  I  he  Holy  Bible,  or  cause  it  to  be  read  as 
herein  directed. 

SECTION  2.  That  if  any  school  teacher,  whose  duty  it 
shall  be  to  read  the  Holy  Bible,  or  cause  it  to  be  read, 
as  directed  in  this  Act,  shall  fail  or  omit  to  do  so,  said 
school  teacher  shall,  upon  charges  preferred  for  such 
failure  and  omission,  and  proof  of  the  same  before  the 
governing  board  of  the  school,  be  discharged. 

SECTION  3.  That  pupils  may  be  excused  from  the  Bible 
reading  upon  the  written  request  of  the  parents. 


146  APPENDIX 

SECTION  4.    That  this  take  effect  from  the  date  of  pas- 
sage, the  public  welfare  requiring  it. 
Passed  May  14,  1915. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 
Approved  May  17,  1915. 

TOM  0.  EYE. 
Governor. 


Chapter  No.  116. 

SENATE  BILL  No.  1147. 
(By  Mr.  Ashcroft.) 


A  BILL  entitled  An  Act  to  reorganize  the  State  Board  of  Edu- 
cation, to  provide  for  the  appointment  of  members  of  State 
Board,  to  fix  their  terms  of  office,  to  provide  for  their  ex- 
penses, to  prescribe  their  duties,  and  to  empower  said 
Board  of  Education  to  elect  the  State  Superintendent  of 
Public  Instruction,  fix  his  salary  and  term  of  office. 

SECTION  1.  Be  it  enacted  &?/  the  General  Assembly  of 
the  State  of  Tennessee,  That  the  State  Board  of  Educa- 
tion shall  consist  of  nine  members  appointed  by  the  Gov- 
ernor of  the  State,  and  that  three  members  of  said  State 
Board  of  Education  shall  reside  in  each  Grand  Division 
of  the  State  provided  that  the  Governor  shall  designate 
one  of  the  members  of  the  State  Board  as  Chairman  for 
a  period  of  two  years,  and  shall  thereafter  name  his 
successor  for  a  like  period,  and  provided  further,  that  the 
State  Superintendent  shall  be  Ex-officio  Secretary  to  said 
State  Board  and  be  executive  officer  of  said  Board. 

SECTION  2.  Be  it  further  enacted,  That  the  members, 
of  the  State  Board  of  Education,  as  at  present  consti- 
tuted, shall  hold  their  office  until  the  expiration  of  their 
terms  and  that  the  appointed  members  created  by  the 
provisions  of  this  Act  shall  be  appointed;  one  to  serve 
for  a  period  of  two  years ;  one  for  a  period  of  four  years, 
and  one  for  a  period  of  six  years  and  that  their  succes- 
sors in  office  at  the  expiration  of  their  term  shall  be  ap- 
pointed each  for  a  term  of  six  years. 

SECTION  3.  Be  it  further  enacted,  That  the  mem- 
bers of  the  State  Board  of  Education  shall  serve  without 
compensation,  but  shall  be  allowed  their  necessary  travel- 
ing expenses,  which  shall  be  itemized  and  sworn  to  in 
conformity  with  the  State  laws  governing  the  payment 
of  traveling  expenses  of  its  State  officials,  provided  that 


148  APPENDIX 

nothing  in  this  Act  shall  preclude  the  Board  from  allow- 
ing five  dollars  ($5.00)  each  day  for  committee  work 
such  as  conducting  examinations  of  County  Superinten- 
dents, State  teachers'  examinations,  and  distributing  the 
State  school  fund,  which  accounts  shall  be  paid  out  of  the 
school  fund  of  the  State. 

SECTION  4.  Be  it  further  enacted.  That  it  shall  be  un- 
lawful for  any  member  of  the  State  Board  of  Education 
to  enter  into  contract  with  the  Board  to  receive  compen- 
sation for  services  other  than  those  provided,  nor  shall 
any  member  of  the  Board  be  elected  to  any  position  within 
the  gift  of  the  Board  while  a  member,  or  within  a  period 
of  twelve  months  after  his  resignation  from  the  Board. 

SECTION  5.  Be  it  further  enacted,  That  in  addition  to 
the  duties  already  prescribed  by  law,  said  State  Board  of 
Education  shall  fix  the  salary  of  the  State  Superinten- 
dent and  on  the  expiration  of  the  term  of  office  of  the 
present  incumbent,  shall  elect  his  successor  and  fix  the 
tenure  of  office. 

SECTION  6.  Be  it  further  enacted,  That  all  laws  and 
parts  of  laws  in  conflict  with  this  Act  be  and  the  same 
are  hereby  repealed  and  this  Act  take  effect  from  and 
after  its  passage,  the  public  welfare  requiring  it. 

Passed  May,  13,  1915. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 
Speaker  of  the  House  of  Representatives. 

Approved  May  15,  1915. 

TOM  C.  RYE, 
Governor. 


Chapter  No.  132. 

SENATE  BILL  No.  796. 
(By  Mr.  Todd.) 


AN  ACT  to  amend  an  Act,  entitled  an  Act  "A  bill  allowing 
municipalities  or  counties  to  issue  and  sell  bonds  for  the 
purpose  of  purchasing  sites  and  erecting  and  equipping 
buildings  for  State  Normal  Schools,  and  to  provide  for  the 
payment  of  the  interest  on  the  said  bonds  and  for  a  sinking 
fund  with  which  to  retire  the  same,  and  to  provide  a  method 
of  loaning  said  sinking  fund,  and  to  provide  for  the  disposi- 
tion of  the  funds  arising  from  the  said  sale  of  said  bonds", 
being  Chapter  No.  580  of  the  Acts  of  the  General  Assembly 
of  the  State  of  Tennessee  of  1909. 

SECTION  1.  Be  it  enacted  ~by  the  General  Assembly 
of  the  State  of  Tennessee,  That  Section  three  of  the  said 
Act  be  and  the  same  is  hereby  amended  by  inserting 
after  the  word  "fund"  in  line  thirty  of  said  section  the 
following:  "or  purchase  State,  County,  Municipal  or 
public  utility  bonds  bearing  interest  at  a  rate  not  less 
than  five  per  cent  (5%)  per  annum." 

SECTION  2.  Be  it  further  enacted,  That  this  act  take 
effect  from  and  after  its  passage,  the  public  welfare  re- 
quiring it. 

Passed  May  llth,  1915. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER,, 

Speaker  of  the  House  of  Representatives. 
Approved  May  17,  1915. 

TOM  C.  EYE, 
Governor. 


Chapter  No.  149. 

SENATE  BILL  No.  131. 
(By  Messrs.  W.  A.  Lyle,  C.  P.  Freedle,  and  A.  E.  Hill.) 


AN  ACT  entitled  an  Act  to  extend  the  County  Boards  of  Educa- 
tion and  County  High  School  Boards,  the  right  of  eminent 
domain  and  to  take  and  use  private  property  for  public 
school  purposes,  and  to  provide  for  a  board  of  appraisers 
and  to  define  their  duties. 

SECTION  1.  Be  it  enacted  ~by  the  General  Assembly  of 
the  State  of  Tennessee,  That  County  Boards  of  Educa- 
tion and  County  High  School  Boards  be  and  the  same 
are  hereby  empowered  to  exercise  the  right  of  eminent 
domain  and  to  take  and  use  private  property  for  public 
school  purposes  as  hereinafter  provided. 

SECTION  2.  Be  it  further  enacted,  That  the  County 
Judge  or  Chairman  of  County  Court,  the  County  Court 
Clerk,  and  the  County  Superintendent,  shall  constitute 
a  Board  of  Appraisers  whose  duty  it  shall  be  to  deter- 
mine the  value  of  the  land  as  hereinafter  provided. 

SECTION  3.  Be  it  further  enacted,  That  in  case  the 
owners  of  such  property  and  the  County  Board  of  Edu- 
cation or  County  High  School  Board  fail  to  agree  on  the 
price  to  be  paid  for  such  property,  it  shall  be  the  duty 
of  the  Board  of  Appraisers  at  the  request  of  either  the 
owner  or  the  County  Board  of  Education,  or  County 
High  School  Board,  or  both,  to  go  upon  the  land  and 
under  oath  fix  a  fair  and  equitable  value  upon  said  land 
without  taking  into  consideration  either  detriment  or 
benefit  to  said  property  or  any  adjacent  property  on  ac- 
count of  its  being  used  for  school  purposes. 

SECTION  4.  Be  it  further  enacted,  That  is  case  the 
owner  or  County  Board  of  Education  or  County  High 
School  Board,  fail  to  concur  in  the  findings  of  the  Board 
of  Appraisers  and  appeal  to  a  court  of  competent  juris- 
diction for  final  adjudication,  the  County  Board  of  Edu- 


APPENDIX  151 

cation  or  County  High  School  Board,  may,  by  depositing 
with  the  County  Trustee  a  fund  to  indemnify  the  owner, 
equal  in  amount  to  the  value  fixed  for  the  land  in  question 
by  the  Board  of  Appraisers,  proceed  with  the  construc- 
tion of  the  School  house  or  other  necessary  buildings; 
and  when  the  court  of  competent  jurisdiction  has  passed 
upon  the  case,  on  the  payment  to  the  owner  of  the  amount 
decreed  by  the  court  to  be  just  and  equitable,  the  owner 
shall  make  a  deed  in  fee  simple  to  said  County  Board 
of  Education  or  County  High  School  Board,  and  their 
successors  in  office. 

SECTION  5.     Be  it  further  enacted.  That  all  laws  and 
parts  of  laws  in  conflict  with  this  act  be  and  the  same 
are  hereby  repealed,  and  that  this  Act  take  effect  from 
and  after  its  passage,  the  public  welfare  requiring  it. 
Passed  May  15,  1915. 

ALBERT  E.  HILL, 
Speaker  of  the  Senate. 

WM.  P.  COOPER, 

Speaker  of  the  House  of  Representatives. 
Approved  May  17,  1915. 

TOM  C.  EYE, 
Governor. 


UNIVERSITY  OF  CALIFORNIA  LIBRARY 


